He went to a Veterans' PTSD rehab center and also had psychoanalysis treatment to try and understand why he was having memory problems. In other words, Jason wasn't able to work, period.
"I also told Unum that my unit had been exposed to nerve gas in Iraq," says Jason. "Before we blew up a demo depot, someone forgot to check the depot to see if it had gas—we were downwind when the Americans blew it up. The Pentagon sent me a letter that said our unit had been exposed to the gas—so it's documented; it's evidence. Later I found out that a high incidence of brain cancer and fibromyalgia occurred. Some of the guys from my unit are sick with other stuff, including joint pain.
"Anyway, my job was to drive gas trucks and follow the tanks. I was the gas station attendant on the battlefield; the guys in the tanks would radio me to get filled up. When I came home my PTSD broke out—I stayed awake for days and had massive panic attacks. At first I got short term disability benefits from work then Unum kicked in and carried me for two years. Out of the blue they wrote me a letter, suggesting I could get certain lower income jobs that paid $15 per hour. I have no idea what they were thinking—I have a mortgage to pay. I can't do anything; I get real tired just after a few hours and just want to sleep.
"Unum decided that I don't have behavior problems; their doctors say I am employable, but I've never been interviewed by any of their medical examiners—Unum should be sued for what they are doing. "I know that I don't have to convince a doctor that I am disabled. I'm a Gulf War veteran and I don't need to prove anything. All Unum has to do is read my medical records and the report from my rheumatologist.
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"In August I appealed, with the help of an attorney from LawyersandSettlements. As far as I know, this lawyer from Little Rock, AR, sent a letter to Unum stating that I have PTSD and fibromyalgia; he said that the brain is an organ, just like the kidney, and anyone who has psychological problems should receive benefits; there is no reason for Unum to deny me—I am hopeful that my benefits will be reinstated."
READER COMMENTS
Terry G
on
RN for 42 years.
jeff
on
Jason has a lawyer. He probably doesn't need your legal assistance. Besides the fact that the lawyer would not have taken his case if he didn't think he had a case.
Try and remember Jason has more problems than just PTSD, as is outline above. Jason can't work and therefore is disabled
Gulf WarVet40
on
I too, am a Gulf War vet suffering from PTSD and depression. My private, non-erisa policy does not have this limitation and provides benefits until I am 65, with no VA or SSDI offset. I was diagnosed with delayed onset PTSD in June, 2010 and have been receiving benefits ever since. I also receive full SSDI and 100% service-connected disability from the VA for my medical issues.
Fortunately, when I was able to work, I took out this private policy that pays me over $5000.00 a month in benefits. The insurer will send most likely send you for IME's, but it sounds like your claim is well documented.
Hey, if you have a non-erisa policy, let the insurance company challenge the claim and go to state court. Let it go for a jury trial, and seek damages for breach of contract & bad faith. It will be amusing to see how the Unum tries to justify terminating benefits to a decorated combat vet. They will immediately want to settle - refuse and call their bluff...
If you haven't already, apply for SSDI and VA compensation. Getting approved for these will help strengthen your claim. Good luck.
Jim Bunker
on
He could also have CFS. It is worst then FM.
The Nerve gas can be causing a lot for problems too.
Bad Attorney
on
Contract Reader
on
Read your contract; or, go after the individual who placed this contract as many times you can have the 24 month Mental/Nervous limitation removed.
This isn't Unum's fault - you're wasting your time taking this to court.