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.
Resources to Help You Win Disability Benefits
Submit a Strong Appeal Package
We work with you, your doctors, and other experts to submit a very strong appeal.
Sue Your Disability Insurance Company
We have filed thousands of disability denial lawsuits in federal Courts nationwide.
Get Your Disability Application Approved
Prevent a Disability Benefit Denial
Negotiate a Lump-Sum Settlement
Our goal is to negotiate the highest possible buyout of your long-term disability policy.
Policy Holder Rating
Aetna STD has been a nightmare since the beginning
Reply
Aetna leaves me at risk of losing my job and without compension
Aetna puts their clients through hell with their games
Reply
It's been over 3 months, and I've only received one payment from Aetna
Reply
Aetna people are thieves, crooks and liars.
Aetna is definitely committing a crime and they need to be stopped.
Reply
I hate Aetna
Reply
Aetna denied me and then I got fired from my job
Reply
Q: Can Aetna deny my application on the basis of pre-exisiting condition? Do they discriminate against the mentally ill?
Q: Are there any circumstances in which I can appeal LTD after the number of days Aetna gives you to appeal?
Q: Can Aetna deny my claim due to a "war exclusion" on my policy?
Q: What do I do if Aetna claims they haven't received my medical info?
Q: How can Aetna say I am not disabled when clearly I am?
Q: Is the 2nd appeal process worth it or a waste of my time?
Q: What can I do to stop Aetna from harassing me and realize that not all disabilities are the same?
Q: Can Aetna deny my claim for STD due to pregnancy because it was preexisting?
Does Social Security Approval Mean Disability Insurance Benefits Will Be Paid?
Does a disability insurance company need to consider the side effects of my medications?
Does the Mental Nervous Disorder Limitation in an ERISA Long Term Disability Plan Violate ADA Laws?
Is it legal to limit disability insurance benefits to 24 months for mental nervous claims?
Why Must Your Disability Insurance Lawyer Understand Your Disabling Condition?
Disability Benefit Denial Reason #5 – Your Medical Evidence is Weak
Disability Benefit Denial Reason #4 - Your Doctor Is Misled By the Disability Company
Disability Benefit Denial Reason #3 - Video & Social Media Surveillance
Aetna Overturns Denial of Long Term Disability Benefits for Quality Control Manager
Aetna Removes 24 Month Limitation for Mental Health Conditions
Aetna Overturns Denial of LTD for Former Employee of The Home Depot
Aetna Reinstates Benefits for Former SAP America Employee Suffering the Effects of a Head Injury
Aetna overturned previous denial of long term disability benefits for Georgia Assistant
Dell Disability Lawyers file Lawsuit in Federal Court against Aetna after it denied long-term disability benefits to former software Developer
After Aetna denied Ms. Garner's long-term disability claim, Ms. Garner filed suit against Aetna, and the Court overturned Aetna's decision and ordered it to pay Ms. Garner's disability benefits
Aetna Reinstates Disability Insurance Benefits to Home Depot Manager
Reviews from Our Clients






