How Long Do I Have to File My Claim? A Case Study
In most situations, policyholders file their disability claims shortly after they are no longer able to work. But what if you are unable to file right away? Will your insurer still recognize your condition and pay out on your claim? The answer is it depends—and it may be a long process.
One such example is the case of Nabi v. Provident Life (Unum).[1] In August 2003, Plaintiff Angelica Nabi was working at ENT Medical Associates, when she was diagnosed with Glioblastoma Multiforme (GBM), an aggressive and fast-growing brain tumor.
In most instances, patients with this type of tumor do not survive beyond two to three years. However, despite the diagnosis and rigorous, taxing treatment (multiple surgeries, chemotherapy, and radiation), Nabi survived and continued to work part-time through December 2009. Several years later, in 2021, she filed a claim with Unum (with her husband’s help, after he discovered her disability policy).
Unum argued that her claim was filed too late, and asserted they did not owe her any disability payments due to the late filing. The Nabis argued that the late filing should be excused because Angelica was “legally incapacitated or otherwise unable to provide notice of claim,” an exception to timely filing under the terms of the policy.
Nabi and her husband explained that she had undergone four brain surgeries following her diagnosis, extensive chemotherapy, radiation, had radiation-induced necrosis requiring the removal of her right temple bone, had loss of balance that caused falls and fractures also necessitating surgeries, incontinence, cognitive disabilities, memory loss and seizures—all of which she said left her “too impaired to recognize, remember and/or submit an insurance claim under the policy.”
Upon review, while the Court acknowledged that Nabi had waited a very long time to file a claim, it went on to criticize Unum’s conduct in several respects. First, Unum internally indicated an intent to deny Nabi’s claim prior to September 8, 2021—before they had received her medical records or question her doctors. Despite Unum’s in-house counsel advising that they obtain more information on Nabi’s capacity, they never did so. Further, despite Nabi’s husband providing Unum with her medical history and permission required to request records, Unum failed to request these records. One of Unum’s medical consultants did speak with Nabi’s treating providers; however, the consultant failed to ask questions that could clarify whether Nabi was unable to file a claim for disability benefits, given her cognitive function at the time she stopped working.
The Court then considered a declaration from Nabi’s treating doctor, who testified that Nabi had loss of executive function due to radiation necrosis and medication. He opined that she remained capable of some simple tasks, but lacked the capacity to do things like balance her checkbook or submit an insurance claim.
Ultimately, the Court found that genuine issues of material fact existed and determined that the case should proceed to trial. At the time of this writing, the case remains pending.
This case illustrates that even with valid reasons for filing a claim late, it can be an uphill battle to secure benefits under those circumstances and it is far better to file a timely claim if possible. If you are considering filing a claim and have questions about how notice requirements work under your policy, please feel free to reach out to one of our attorneys directly.
Every claim is unique and the discussion above is only a limited summary of the court’s ruling in this case. If you are concerned that your insurer is not evaluating your claim under the proper standard, an experienced disability insurance attorney can help you assess the situation and determine what options, if any, are available.
[1] Nabi v. Provident Life & Cas. Ins. Co., No. 1:23-CV-00844-HKS (W.D.N.Y. June 30, 2025).
