Aetna Denies Disability Benefits after 18 Months of Payment, but Dell Disability Lawyers wins ERISA Appeal
A former Safety and Training Specialist for the Dale Tile / Unilin Corporation was forced to leave work on September 16, 2010 due to his poor health. His medical conditions included chronic myotonic muscular dystrophy, osteoarthritis, systematic rheumatoid arthritis, fibromyalgia, chronic fatigue syndrome, chronic pain syndrome and chronic postrheumatic arthropathy. Although initially approved for Long Term Disability benefits, Aetna determined that after 1 year and 6 months that the individual no longer qualified under the definition of disability contained in the policy.
Aetna’s Basis for Denying the Long Tererm Disability Claim
Aetna (https://www.diattorney.com/aetna/) based its denial of disability benefits solely upon video surveillance that was conducted over a two day period that resulted in 9 minutes and 37 seconds of video that depicted the claimant doing light yard work and riding a small motorcycle in his neighborhood. Aetna sent this video to the functional capacity examiner it had earlier hired to question whether this video would change her opinion. Earlier, this physical therapist found that the claimant’s physical demand level was “less than sedentary.” After viewing Aetna’s video, the physical therapist changed her opinion and found that the claimant was “capable of at least light duty capacity on a full time basis.”
Claimant Contacts Disability Dell Disability Lawyers
Within hours of receiving the long term disability denial letter from Aetna, the claimant contacted Dell Disability Lawyers. The claimant’s quick call to our firm provided Attorney Alexander Palamara maximum time to assess the claim, gather information and determine an ultimately successful plan of attack. This was extremely helpful as an administrative appeal must be filed within 180 days of receipt of the denial letter. If an appeal is not filed within that time period, rights to the policy and claim may be lost forever.
Administrative ERISA Appeal of Aetna Disability Denial
Attorney Alexander Palamara timely appealed Aetna’s decision to deny the client’s claim. The strength of the client’s medical records and the support from each of the treating physicians was more than enough to convince Aetna that its decision to deny benefits was incorrect. Furthermore, the fact that Aetna’s hired physical therapist who conducted the earlier Functional Capacity Evaluation was so easily convinced to change her earlier opinion with 9 minutes of video following her day long testing called into question her capabilities as a reviewing therapist or the reliability of her functional capacity evaluations. As such, Dell Disability Lawyers were able to debase all the evidence Aetna relied upon in denying the client’s claim. Aetna overturned its decision to deny benefits with 45 days and the client is currently back on claim and he receiving his benefits each month.
Our law firm has handled hundred of ERISA appeals against Aetna and we represent claimants nationwide. Contact us for a free consultation to discuss your disability claim.
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Very satisfied with the work of this team. Took well care of my case and took all the necessary time to be responsive and attentive when I had questions. Guided me through recovery and returning to normalcy. All thanks to Jason & Tabitha, thank you!
I’m extremely satisfied with the experience I have had with this firm from day one. The lawyer who has handled my case, Alex, is very efficient and attentive to all my questions and concerns. They are always aware of how my case has gone and they care about my health. I feel optimistic with them because they are very attentive during the process of my claim. I would not hesitate to recommend families and friends if in any situation they need their services. Kathleen as well has been very well and assisted me with this case. I highly appreciate everything they have done for me.
It’s unfortunate when disability insurance companies come after older disabled policyholders just to help their bottom line. It can be a living nightmare the damage they can do to a family. Dell Disability Lawyers are polite, understanding and knowledgeable. They call you back and answer any question you have no matter how unimportant it can be. The amount of stress they took off of myself and family was incalculable. I recommend them highly to take care of any disability case whether it be filing for benefits or reversing a claim decision. They are outstanding.
I could not have been happier or more appreciative of the hard work they performed on my behalf. I was well briefed on my case and it was closed in a timely manner with a financially successful resolution.
Mr. Symonds and Sonia as well as everyone else we have worked with throughout this process have been very helpful, professional and caring to our situation. We are very thankful to have this great team on our side.
Without them my LTD company was dropping my plan with me still suffering from my accident, even with doctor’s statements I’m still disabled. The LTD company didn’t want to advance my policy to the next stage of years of pay. Dell Disability Lawyers saved my policy, and helped to enforce the LTD company’s own policy (for its policy holder, me) that I would be covered still under the LTD policy I had paid for at my previous job, when my accident occurred. These lawyers know what they are doing and can help you too. LTD companies will try to drop you when you still need coverage just because they don’t want to pay on your policy anymore. Don’t let them break contract with ya because they are trying to get out of it. Hit em with legal action to ensure the continuation of your policy you paid for. Dell Disability worked very well for me and continue to do so.
I was denied long term disability benefits from The Hartford after being on it for years. I found Dell Disability Lawyers after doing research online. In a matter of days they responded and explained to me everything that would be done. Dell Disability Lawyers were able to settle my suit against The Hartford very quickly and responded to me quickly. I would definitely recommend this team of lawyers for anyone that is fighting for their disability insurance.
I have had nothing but a great experience with Dell Disability Law Firm. Mr. Alex Palamara and his team went above and beyond my expectations. They will respond to emails and phone calls in a timely manner. Thank you once again for taking my case.
This law firm is the best so far. MetLife denied me two times, they appealed two times for me and they won of course. So if you are on disability and want a chance at winning your case use this firm Dell disability lawyers, kind courteous understanding and they get the job done. You won’t be disappointed.