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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:

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Questions About Hiring Us

Do you help Aetna claimants nationwide?

We represent Aetna clients nationwide and we encourage you to contact us for a FREE immediate phone consultation with one of our experienced disability insurance attorneys.

Can you help with a Aetna disability insurance policy?

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.

How do you help Aetna claimants?

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
  • ERISA and Non-ERISA Disability Benefit Lawsuits
  • Applying For Short or Long Term Disability Benefits
  • Daily Handling & Management of Your Disability Claim
  • Disability Insurance Lump-Sum Buyout or Settlement Negotiations

Do you work in my state?

Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

What are your fees?

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.

Do I have to come to your office to work with your law firm?

No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

How can I contact you?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

Dell & Schaefer Client Reviews   *****

Jeff S. (Kansas)

Due to my vision and health issues testimonials are not typical of me. Dell & Schaefer however did such a sensational, and professional job we felt it absolutely necessary to share the experience.

I had been thinking of pursuing a lump settlement on long term disability with the insurance company for some time. Decided on Dell & Schaefer after much research on several firms across the country. Residing in the Midwest did cause some reservations about choosing a firm around 1500 miles away. However shortly after choosing Dell & Schaefer my concerns where quickly put to rest by how proficient the team is, and how they are always there with you. Never waited for a response and always felt like we knew exactly what was going on every step of the way.

I got the pleasure of working with Mr. Stephen Jessup Esquire, along with Sonia R. Nogueira, and team on my case. After contemplating my situation Steve was contacted to let him know it would be about three months before moving forward. I mention this because no pressure was ever felt to pursue or take a settlement and the firm awaited me to contact them again. No annoying emails, calls, letters, or any type of pressure to hire them. When questions arose the team was right there for me through the entire process and only a phone call or email away. Never had to wait for a response before or after retention. Mr. Jessup at one point during my case was out of country and still offered guidance when needed, almost immediately after emailing. Sonia also went above and beyond and took my call around six P.M. on a Friday to help me with some document questions. Simply an incredible level of service that seems rare anymore. I always felt truly comfortable!

Mr Jessup and everyone with the firm seemed to have a very good rapport with the insurance company. I mention this because within about two weeks of retention we had the first offer. Within less than four weeks we had reached a settlement agreement, and funds where in my account about two hassle free weeks later. This all transpired even with delays of the insurance rep taking vacation twice. Overall my settlement expectations where far exceeded. During the original consultation Mr. Jessup mentioned a monetary figure that was lower than the actual final settlement. There where no false promises or over inflated estimates as sometimes found elsewhere. Just an upfront honest answer of what could be to come. During the process I still received my monthly benefit and never had to deal with the insurance company directly. This in itself took so much stress out of my life. After three years I no longer had to continually jump through hoops when the insurance company requested something or worry that I might undeservedly lose benefits.

The above is just a small part of my experience on how I felt the professional and courteous team was always willing to go the extra mile. If you or someone you might be concerned about are in need of guidance my opinion is a better choice could not be made than contacting the team at Dell & Schaefer about options.

Because of the work done by those at Dell & Schaefer I now have the funds to live while attempting medical procedures that insurance will not cover. Hopefully because of this someday I can return to a career as I’m still almost twenty years from retirement age.

Thank you all at the firm again for returning some normalcy to my life and treating me like a person not a case!

***** 5 stars based on 202 reviews

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