Question
What should I do if Aetna denied my claim based on a social media post they saw?
I have been diagnosed with major depression and anxiety disorder by a pschologist and a licensed counselor. They sent over detail reports with their findings that I am not able to work. Aetna denied my claim because they said they saw me on Facebook with pictures showing me smiling and that I am posting nice statements so I can’t be depressed. I want to know, can I sue them or what should I do?
Answer
Lee, Your policy is most likely governed by ERISA, which will require the filing of an administrative appeal before any lawsuit can be filed. Please feel free to contact our office to discuss how we may be able to assist you with same. In the mean time I would strongly urge you to increase the privacy settings on any of your social media accounts to prevent the general public or your insurance carrier from readily viewing the contents of your posts.
