Ex-Dickstein Shapiro Lawyer Wins Fees in Unum Disability Lawsuit

A former Dickstein Shapiro LLP lawyer won $416,749 in attorneys’ fees after she successfully sued Unum Life Insurance Co. of America for disability benefits.

Judge Marco A. Hernández awarded Alison Gary about 60% of her requested attorneys’ fees after deducting more than 260 billed hours based on excess time spent drafting her complaint and preparing her appeal. He also reduced the fee award by 10% to account for the disparity between the fees requested—more than $680,000—and Gary’s total judgment of $431,647.

However, Hernández largely approved of the hourly rates charged by Gary’s attorneys, three of whom requested at least $540 per hour. These rates fall between the 75th and 95th percentiles for experienced lawyers engaged in private practice in Portland, Ore., which the judge found reasonable given the lawyers’ “experience and demonstrated skill in ERISA and appellate litigation.”

Gary sued Unum in the US District Court for the District of Oregon in 2017, accusing the insurer of wrongly denying her claim for disability benefits based on her Ehlers-Danlos Syndrome and other neurological problems she said made her unable to work as an attorney.

After denying Gary’s bid to proceed anonymously for fear of hurting her career prospects, Hernández held that Unum failed to provide a full and fair review of Gary’s benefit claim. He allowed Gary to provide additional medical evidence, but ultimately found her evidence insufficient to support her claim of disability under the Employee Retirement Income Security Act.

Gary appealed, and the US Court of Appeals for the Ninth Circuit revived her lawsuit. According to the appeals court, Hernández should have been more skeptical of Unum’s decision-making, given its reliance on cherry-picked evidence and its failure to consult with a doctor specializing in her unusual condition, which affects the skin, joints, and blood vessel walls.

The case went back to Hernández, who ruled for Gary in 2021.

Harrang Long PC represents Gary. Kilmer Voorhees & Laurick PC represents Unum.

The case is Gary v. Unum Life Ins. Co. of Am., 2023 BL 14032, D. Or., No. 3:17-cv-01414, 1/17/23.