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Employees of Boeing and Bank of America sue Aetna for denying disability benefits under ERISA regulations

Aetna Life Insurance Company (Aetna) was recently sued three times in the Federal District Court of South Carolina by three separate Plaintiffs for short-term and/or long-term disability benefits violations under the Employee Retirement Income Security Act (ERISA). In each of the three cases filed by South Carolina disability attorneys, Aetna is accused of illegally denying the Plaintiffs’ claims for short-term disability (STD) and/or long-term disability (LTD) benefits as promised under their respective plans.

The First Case

Tiffany H. was employed by The Boeing Company, which made her eligible for short-term disability coverage via a plan that was fully insured by Aetna.

Plaintiff ceased working on due to certain problems that she suffered from. She filed a claim for short-term disability benefits. Aetna denied the Plaintiff’s claim, as well as denied her appeal of their initial denial.

Plaintiff has exhausted all administrative remedies, which has led to the filing of this lawsuit. Plaintiff claims that Aetna denied Plaintiff’s disability claim due to a conflict of interest that led to Aetna ignoring relevant evidence and relying upon biased information and flawed expert opinions.

The Second Case

Craig D. was employed with Bank of America Corporation (Bank of America), which made him eligible for the short-term disability Plan that was fully funded by Bank of America. Plaintiff was also eligible for the long-term disability Plan that was fully insured by Aetna Life Insurance Company (Aetna). Aetna was the corporation that decided whether claims for both the STD and LTD would be paid or not.

Plaintiff ceased working due to the disability caused by specific problems from which he suffered. Aetna denied his short-term disability benefits claim, which also led to their denial of his long-term disability benefits claim.

This prevents the Plaintiff from seeking administrative remedies on his LTD claim, which led to the filing of this lawsuit. Plaintiff claims that Aetna denied Plaintiff’s disability claim because of a conflict of interest, which led to Aetna ignoring relevant evidence and coming to its decision based upon biased information and flawed expert opinions. Aetna’s claim evaluators and reviewing physicians were also motivated to deny Plaintiff’s claim due to Aetna’s financial interests.

The Third Case

Daniel M. was an employee of Bank of America Corporation until January 2011. This made him eligible for the short-term disability coverage that was fully funded by Bank of America Corporation. Plaintiff was also provided with long-term disability insurance coverage because of a plan that was fully insured by Aetna Life Insurance Company (Aetna). Aetna is the sole entity that decides which STD and LTD claims get paid or denied.

Plaintiff ceased working due to certain problems he suffered from. Because of this, he filed for short-term disability benefits. Aetna denied this claim, as well as the appeal of the initial denial.

Plaintiff has exhausted all administrative remedies, due to the fact that Aetna automatically denies Plaintiff’s long-term disability claim because Aetna denied Plaintiff’s short-term disability claim. This has led to the filing of this lawsuit. The lawsuit claims that Aetna denied Plaintiff’s claim due to a conflict of interest, specifically ignoring relevant evidence submitted by the Plaintiff and relying upon biased information and experts. Aetna’s reviewing physicians and claim evaluators were also motivated to deny the Plaintiff’s claim due to Aetna’s financial interests.

Relief Sought in the Lawsuits

In the three previously mentioned cases, the Plaintiffs want the following relief from Aetna in their lawsuits:

Comments (2)

  • David, with respect to suing Boeing you would need to consult with an employment attorney to determine if you have a cause of action. As it relates to the denial from Aetna, under ERISA (the federal law that governs your policy) you would have had to go through the administrative appeal process. If you did not appeal the denial of benefits you would be precluded from filing a lawsuit to secure the benefits. Additionally, the general statute of limitations to bring a lawsuit under ERISA for a denial of disability benefits is three years. As the denial occurred in 2015 it is a strong possibility that your statute of limitations to file the lawsuit may have expired. If you have any additional questions please feel free to contact our office.

    Stephen Jessup Jul 29, 2022  #2

  • I was on state disability when Aetna denied my claim. Boeing asked me to return to work but my doctor said no and I was on state disability when I was fired. That was in 2015. I know it was a while back, but I have been under a doctors care since then. I was recently awarded a favorable decision dated back to July 19th, 2014. Can I still sue Boeing and Aetna for wrongful termination? I am currently rated at 90% disabled and soon I will be 100% from the VA. I lost everything, my house, my cars, and my family.

    David Jul 28, 2022  #1

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Our disability insurance lawyers help policy holders seeking short or long term disability insurance benefits from Aetna. We have helped thousands of disability insurance claimants nationwide with monthly disability benefits. With more than 40 years of disability insurance experience we have helped individuals in almost every occupation and we are familiar with the disability income policies offered by Aetna.

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Our lawyers help individuals that have either purchased a Aetna long term disability insurance policy from an insurance company or obtained short or long term disability insurance coverage as a benefit from their employer.

Our experienced lawyers can assist with Aetna:

  • ERISA and Non-ERISA Appeals of Disability Benefit Denials
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Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

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