Standard Insurance Company was also named as a defendant in the suit.
Suzette Harrison was a registered nurse for UHG for approximately 20 years and was working as a full-time supervisor of case management for UHG when she became disabled, according to a complaint originally filed in Kanawha Circuit Court and later removed to federal court.
Harrison claims in October 2013, she became unable to work due to symptoms caused by leg and buttock pain, nerve root and plexus disorder, post-laminectomy syndrome and lumbar radiculopathy, which left her unable to perform the material and substantial duties of her job.
In January 2014, a therapist concluded Harrison’s physical exertion capability was below sedentary, according to the suit. In April 2014, Harrison underwent surgery to place a spinal cord neuro-stimulation system in her back to reduce her pain.
Harrison claims after surgery, she suffered severe back spasms and muscle spasms in her feet and legs and, due to her medical conditions, she received short-term disability benefits from Oct. 8, 2013, to April 5, 2014
The plaintiff was continuously disabled during the long-term disability policy’s elimination period and own occupation period. In May 2014, Harrison was awarded Social Security Disability Insurance benefits based on her medical conditions. She was also awarded long-term disability benefits.
Harrison claims on Dec. 11, 2015, her long-term disability benefits were terminated and she appealed the denial, however, Standard upheld its denial.
Standard has failed to carefully consider the decision of the Social Security Administration that Harrison is disabled and to properly explain why it disagreed with SSA’s decision, according to the suit..
Harrison claims that Standard has also failed to properly consider the side-effects of her medication on her ability to work, as well as her numerous co-morbid conditions in reviewing her disability claim.
Standard has failed to properly explain why it disagreed with the three prior determinations in the matter which found Harrison disabled, according to the suit.
Harrison is seeking compensatory damages with pre-judgment interest. She is being represented by Ethan Vessels of Field, Dehmlow & Vessels.
The defendants are represented by Brian D. Morrison of Bailey & Wyant; and Jacqueline J. Herring of Smith Von Schleicher + Associates.
U.S. District Court for the Southern District of West Virginia case number: 2:16-cv-11406