56-Year-Old Disabled District Manager Of Dollar Financial Group Sues Aetna For Denial Of Disability Benefits
Carmen R. and her Florida disability lawyer take AETNA to task in a suit filed on December 19, 2011 in the United States District Court for the Southern District of Florida Fort Lauderdale Division. Claiming AETNA violated ERISA and other employment laws, Carmen and her lawyer accuse the insurer of wrongfully denying Carmen her entitled long term disability benefits after she became unable to perform her job duties as a result of degenerative and traumatic injuries.
She ceased working as a district manager for Dollar Financial Group on March 5, 2009 and at the age of 56 years old was granted her employee short term disability benefits per a policy her employer had procured for her from AETNA.
Claimant Appeals AETNA’s Denial of Long Term Disability Benefits
In October 2009, Carmen R., still disabled, applied for her long term disability benefits from AETNA, was denied those benefits, and took advantage of the 180-day appeal process the insurer offered. If her claim had been approved, Carmen R. would have received $2,617.50 per month in disability benefits. In July, 2010, Carmen R. sought to have her denied benefits reinstated through an appeal, provided additional medical records to prove her disabled condition, and submitted her grant of disability benefits by the Social Security Administration (SSA) to AETNA to no avail. She has now exhausted all of her administrative appeals and was forced to hire a disability lawyer to present her case in District Court.
Claimant’s Complaint and Request for Judgment
In the complaint Carmen R.’s disability attorney claims that AETNA wrongfully denied disability benefits to Carmen R. in violation of ERISA (the Employee Retirement Insurance Security Act 1074, 29 U.S.C. § 1132, and her AETNA plan in that Carmen R.:
- Is totally disabled and cannot perform the duties of her own occupation;
- Was not given a fair denial decision on her claim because AETNA failed to “afford proper weight to the evidence” showing her disability;
- Was not allowed the correct interpretation by reviewers of the definition of disability as it was described in her employee insurance policy language;
- Was arbitrarily, unreasonably, and capriciously denied long term disability benefits; and
- Should contractually receive disability benefits from AETNA.
Consequently in the subject complaint, Carmen R. asks the Court to award her all past due long and short term disability benefits yet unpaid, continuing collection of her disability benefits payments, reasonable reimbursement of attorney’s fees, costs of court, and any other relief the court determines is just and appropriate.
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






