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Boeing Employee Suffering From Severe Chronic Back Pain Sues Aetna For Denial Of ERISA Benefits

An Oregon disability lawyer has filed a lawsuit in the District Court of Oregon against The Boeing Company Employee Benefit Plan (Boeing) and Aetna Life Insurance Company (Aetna). The Plaintiff, Susan A, worked as an assistant to the Vice President and General Counsel of The Boeing Company. Due to her employment, Plaintiff was protected by Boeing’s Employee Benefit Plan.

Case Facts Against Boeing And Aetna

Plaintiff worked as an assistant to the Vice President and General Counsel of The Boeing Company until September 9, 2009 when she became afflicted with a disabling illness that has caused severe chronic back pain and severe Scoliosis, requiring multiple fusion surgeries.

According to the terms of the Plan, Plaintiff was eligible to receive Short Term Disability and Long Term Disability payments until she reached the age of 65 years. Plaintiff made an application for disability benefits and received Short Term Disability benefits through February 28, 2010.

Termination Of Future Benefits By Aetna

On April 26, 2010, Aetna terminated future Short Term Disability payments, as well as denied the Plaintiff Long Term Disability payments. Aetna’s reasoning was that Plaintiff failed to meet the definition of disability as defined by the Plan.

On January 31, 2011, Plaintiff filed an appeal of this denial. Aetna also received a supplement to that appeal on February 11, 2011. On March 15, 2011, Aetna reversed its original decision and reinstated Plaintiff’s Short Term Disability benefits effective March 1, 2010 through the maximum duration of March 10, 2010. Aetna also informed the Plaintiff that it would review her Long Term Disability claim to determine whether it would be paid or not.

On March 13, 2011, the Social Security Administration determined that the Plaintiff was disabled by her medical condition since September 11, 2009. The Plaintiff sent a copy of the SSA’s Notice of Award on March 22, 2011. (If you are approved for SSDI benefits, must the insurance company provide LTD benefits to you?)

On July 11, 2011, Aetna again denied the Plaintiff’s Long Term Disability claim, despite the fact that definitions for both Short Term Disability and Long Term Disability are the same. They also notified her that she had 180 days to appeal this decision.

Lawsuit Against Aetna Filed By Disability Attorney

The lawsuit claims that Aetna did not provide the following to the Plaintiff:

The lawsuit claims that Aetna committed the following wrongful acts:

Aetna Lawsuit Requests Specific Relief

Due to Aetna’s actions, Plaintiff requests the following relief from the Court:

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Comments (2)

  • Robert,

    Please feel free to contact our office to discuss your claim to determine how we may be able to assist you in securing your disability benefits.

    Stephen Jessup Aug 26, 2014  #2

  • My case is exactly like the lawsuit by Susan A against Boeing and Aetna. I need help. I’m losing my home over this because, I’ve had surgery after surgery my health has now failed. I’m loosing everything and, I’m a single father with 3 children to support. Boeing didn’t in my opinion but, Aetna lied to Boeing about the information they had to evaluate and determine my disability. Was this case won? And, can you help?

    Robert Smith Aug 25, 2014  #1

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Eloisa V.

I am a 62 year old woman that got ill and was unable to work. I had long term insurance that was paid by my job. One day I received a letter from the Hartford insurance company saying that I would not get paid any more since they thought I could perform any job.

I did not know what I was going to do since I could no longer work and my social security was not enough to pay my bills. I called a lot of attorneys in California and was not able to get a lawyer to take my case. I went on line and found Attorneys Dell & Schaefer. The reception took my name and in less than an hour I got a call from attorney Stephen Jessup. I told him what was happening and he listen to me and started the paper work. Now I’m a very happy person because Attorneys Dell & Schaefer won my appeal and got my long term insurance payment started again. They are always on top of things.

I have been very pleased with them and their office staff because when I call their office I always talk to a real person, they are very fast at calling me back and answer all my questions. I would highly recommend their service to anyone in need of an attorney.

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