Aetna Disability Benefit Denial for Former Boeing Employee is Upheld by Appeal Court
In this video, Attorneys Gregory Dell and Alex Palamara discuss a recent 10th circuit court of appeals case in which the court upheld the denial of disability benefits by Aetna for a Boeing Employee. Attorney Palamara discussess the multiple appeals and long litigation battle this claimant has undergone.
This case involved a former Boeing employee that was denied long term disability insurance benefits after the definition of disability benefits changed from own occupation to any occupation. We have represented numerous Boeing employees and hundreds of claimants with Aetna disability insurance claims. This particular claim was not handled by our law firm, but it is an example of how unfair the ERISA laws can be for disability claimants.
This claimant was denied benefits even though he was approved for Social Security Disability Benefits. Aetna sought an overpayment for the SSDI, but they did not want to pay any future benefits to the claimant. This claimant filed bankruptcy after his disability claim was denied.
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Aetna Reviews
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Showing 8 of 661 Reviews
Aetna
Aetna STD has been a nightmare since the beginning
I had surgery on 2/27/2020. Aetna STD has been a nightmare since the beginning. Total mismanagement of everything. I have never been paid consistently & have had to manage... read more >
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Aetna
Aetna leaves me at risk of losing my job and without compension
I applied for STD 2/24/2020 for eye surgery. Documents were submitted. Aetna noted they contacted the doctor and needed the APS form; already was submitted. So, the dr sub... read more >
Aetna
Aetna puts their clients through hell with their games
I have been on Aetna disability for a couple of years now and have surround sound to be extremely cunning and ruthless. They put put claimants through hell for the first 6... read more >
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Aetna
It's been over 3 months, and I've only received one payment from Aetna
I have been struggling with Aetna to get my short term disability, its been since 10/16/2017 and I have only received one payment since. My doctors send in my forms and th... read more >
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Aetna
Aetna people are thieves, crooks and liars.
It is my opinion that Aetna people are thieves, crooks and liars. I purchased a disability policy from my employer with Aetna. I became disabled because of a heart conditi... read more >
Aetna
Aetna is definitely committing a crime and they need to be stopped.
Aetna denied my claim after providing all my doctor notes 5 times, all my ER records. stating that i did not see my doctor until 3/3/17 but my out of work date was 2/16/17... read more >
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Aetna
I hate Aetna
My story is the same as most here. I suffer from several afflictions. T1 diabetic for 42 years, stage 3 kidney disease, neuropathy pain in feet legs and hands, carpal tunn... read more >
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Aetna
Aetna denied me and then I got fired from my job
I got denied and got fired right after my Dr submitted my paperwork for leave, due to being in the hospital. They fired me for being in the hospital. and now paying unempl... read more >
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Answered Questions by Our Lawyers
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Showing 8 of 30 Answered Questions
Q: Can Aetna deny my application on the basis of pre-exisiting condition? Do they discriminate against the mentally ill?
A: Molly, unlike health insurance plans, a disability insurance carrier can deny application for coverage based o... Read More >
Q: Are there any circumstances in which I can appeal LTD after the number of days Aetna gives you to appeal?
A: Sharon, usually the insurance carriers are pretty strict and adhere to the appeal deadline which is set out in... Read More >
Q: Can Aetna deny my claim due to a "war exclusion" on my policy?
A: Phil, I am sorry to hear about your difficulties. Have you filed an appeal of the denial? All disability insur... Read More >
Q: What do I do if Aetna claims they haven't received my medical info?
A: Roberta, you should contact Aetna to verify that they actually received the information and find out if they a... Read More >
Q: How can Aetna say I am not disabled when clearly I am?
A: Laurie, unfortunately Aetna can hire their own doctors to disagree with yours and claim you can work even if y... Read More >
Q: Is the 2nd appeal process worth it or a waste of my time?
A: Rebecca, I would certainly say it is worth it. If he filed for disability in September 2016 and the change in ... Read More >
Q: What can I do to stop Aetna from harassing me and realize that not all disabilities are the same?
A: SO, it certainly sounds the Aetna is setting your claim up for a denial. Please feel free to contact your offi... Read More >
Q: Can Aetna deny my claim for STD due to pregnancy because it was preexisting?
A: Slavka, unfortunately, disability insurance policies come with pre-existing condition provisions that are enfo... Read More >
Helpful Videos
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Showing 12 of 915 Videos
Disability Benefit Tips
(331)
Showing 8 of 331 Benefit Tips
Does Social Security Approval Mean Disability Insurance Benefits Will Be Paid?
The answer to this question is NO and a recent case brought by a FEDEX employee against Aetna insurance company is an example of an SSDI approval and a long term disability denial. In a recent case, a Fed-Ex employee filed a lawsuit against AETNA following the denial of long term disability benefits. Aetna paid long-term disability benefits for 24 months and then denied benefits when his definition of disabili... Read More >
Does a disability insurance company need to consider the side effects of my medications?
Disability insurance companies are notorious for ignoring the cognitive side effects that most disability claimants experience from their medications. Disability companies are aware of the side effects of narcotics; yet they often fail to consider how working under the influence of these prescribed drugs limits a person's ability to work. Disability benefit comp... Read More >
Does the Mental Nervous Disorder Limitation in an ERISA Long Term Disability Plan Violate ADA Laws?
According to several Federal district courts throughout the country the answer to this question has historically been that the American with Disability Act (ADA) laws does not apply to an ERISA long term disability policy provided by an Employer. The reason the ADA has been found not to apply is because of a concept called ERISA Preemption. ERISA Preemption means that since ERISA is a Federal law it overrules ... Read More >
Is it legal to limit disability insurance benefits to 24 months for mental nervous claims?
The question listed below was recently posted on our disability blog, but since it is a question that we receive on a weekly basis, we decided to make it a frequently asked question.Thank you so much for this blog and your site. It is truly a resource for anyone with an ERISA claim.From the start things are skewed when you have a "mental health" diagnosis. The inequities the mental health community has had... Read More >
Why Must Your Disability Insurance Lawyer Understand Your Disabling Condition?
When it comes to securing your disability insurance benefits, it's vitally important that your disability insurance lawyer thoroughly understands the symptoms and impact of your disabling condition. Doctors can help you create strong medical records, but they're not accustomed to dealing with the rigorous documentation disability insurance companies require. Lea... Read More >
Disability Benefit Denial Reason #5 – Your Medical Evidence is Weak
If you're seeking long term disability benefits from an insurance company, you may be concerned that you're facing an uphill battle. Fortunately, the stronger your medical evidence, the greater the odds that your claim will be approved. On the other side of the coin, one of the most common reasons for denial of long term disability benefits involves too-weak med... Read More >
Disability Benefit Denial Reason #4 - Your Doctor Is Misled By the Disability Company
When you're seeking disability insurance benefits, your medical records and treating physician's statement are two of the most important components of your claim. But because the insurance company has a vested interest in denying your disability insurance claim, it often will rely on tactics like ambushing your doctor with a phone call in an attempt to get them ... Read More >
Disability Benefit Denial Reason #3 - Video & Social Media Surveillance
One thing many disability insurance claimants don't know about (or expect) from the claims review process involves video and social media surveillance. Disability insurance carriers often hire people to follow claimants around with a telephoto lens - or even send social media friend requests from fake accounts - to glean whatever information they can about the c... Read More >
Dell Disability Cases
(374)
Showing 8 of 374 Dell Disability Cases
Aetna Overturns Denial of Long Term Disability Benefits for Quality Control Manager
Our client, Mr. J, formerly worked as a Quality Control Manager for a large home furnishings store. For many years Mr. J suffered from the debilitating effects of his chronic, organic medical conditions and associated cognitive deficits, including transient cerebral ischemia and chronic migraines, which left him with significant physical and cognitive impairments. As a result of his serious medical conditions ... Read More >
Aetna Removes 24 Month Limitation for Mental Health Conditions
For nearly six years, Attorney Stephen Jessup has been representing our client, a former chief in-house counsel in charge of compliance and regulations for a large corporation. When she first contacted our office and spoke with Attorney Jessup, Aetna had already been challenging her disability due in large part to what Attorney Jessup believed was on account of the large monthly disability benefit Aetna was pa... Read More >
Aetna Overturns Denial of LTD for Former Employee of The Home Depot
Prior to enlisting our services to challenge a denial, our client had received benefits from Aetna due to his disabling conditions for 18 months. Unfortunately for our client, Aetna decided to deny benefits due to the “change in definition of disability.”Common in most group disability insurance policies, the change in definition typically happens after benefits have been paid for 18 or 24 months. For ... Read More >
Aetna Reinstates Benefits for Former SAP America Employee Suffering the Effects of a Head Injury
My now client worked for SAP America, Inc. as a Senior Solutions Sales Executive for nearly seven years. She made a great salary working at a job and employer she loved. Her work required superior cognitive and analytical skills and was both challenging and rewarding. Unfortunately for her, in December of 2016, she suffered a serious head injury. While she attempted to remain working, as of January 2017 her sy... Read More >
Aetna overturned previous denial of long term disability benefits for Georgia Assistant
Our client, Ms. A, formerly worked as an executive assistant for a town administrator. In April 2014 a number of co-morbid physical conditions and ailments forced Ms. A to stop working and submit her claim for disability benefits under her employer’s Long-Term Disability (“LTD”) Policy which was administered and funded by Aetna. Under the employer’s disability policy Ms. A would be considered totally d... Read More >
Dell Disability Lawyers file Lawsuit in Federal Court against Aetna after it denied long-term disability benefits to former software Developer
In 2011, while working as a software developer for a different company, Charles suffered a cerebral vascular attack (CVA). Despite suffering a stroke, after a period of recovery, Charles returned to work, but for a different employer. In 2014 Charles migraines increased and he began having significant problems with his short-term and long-term memory. He also found that he was having significant difficulty per... Read More >
After Aetna denied Ms. Garner's long-term disability claim, Ms. Garner filed suit against Aetna, and the Court overturned Aetna's decision and ordered it to pay Ms. Garner's disability benefits
In 2004, Sally took a leave of absence from her job as an import supervisor for a global shipping company to undergo surgery for an internal left knee derangement. During that time she had also been suffering from severe symptoms of depression following her son’s departure to college and the at-home environment changing. Her doctors diagnosed her with bipolar disorder II and placed her on depression and anxi... Read More >
Aetna Reinstates Disability Insurance Benefits to Home Depot Manager
Prior to disability our client worked as a Warehouse Distribution Operations Manager for Home Depot, a job that not only required supervision of employees, but a significant amount of physical ability. However, a long fight with uncontrolled diabetes and severe diabetic neuropathy reached a point where he was no longer able to meet the physical demands of his occupation leaving him with little choice but to fi... Read More >
Disability Lawsuit Stories
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Reviews from Our Clients
