Boeing Company Employee Sues Aetna and Boeing Company Over Wrongful Denial of Disability Benefits
The Plaintiff, with the help of a California Disability Lawyer, filed a lawsuit in Federal Court against Aetna and Boeing after being denied short-term and long-term disability benefits that she was entitled to under the terms of her employment at Boeing.
Case Facts Against Aetna and Boeing
Plaintiff worked as an Office Administrator at Boeing up until January 13, 2011 when she became disabled due to the restrictions and limitations caused by Parkinson’s Disease and extrapyramidal disease.
Plaintiff filed an application for short-term disability benefits under the terms of the Plan to which she was entitled as an employee of Boeing. She received payments for 24 weeks.
Aetna and Boeing Terminate Future Disability Benefit Payments
After 24 weeks, Aetna and Boeing would no longer pay any more benefit payments. As a result, Plaintiff filed a timely appeal of this denial and presented considerable evidence in defense of her position. However, Aetna upheld its prior determination and denied Plaintiff’s appeal for future short-term disability benefits. Due to the fact that the 26-week STD waiting period for long-term disability benefits had not been fulfilled at the time of termination of STD benefits, a claim for LTD benefits would also be denied as well.
Plaintiff has exhausted all administrative remedies, leaving her with no choice but to file this lawsuit against Aetna and Boeing.
Lawsuit Basis Against Aetna and Boeing
Plaintiff contends that her condition had not improved to the point where Aetna should have abruptly terminated her STD benefit payments. This termination also prevented her from receiving LTD benefit payments, to which she was also entitled under the terms of the Employee Benefit Plan she received as an employee of Boeing. Plaintiff contends that she had followed all terms of the Plan in filing claims to receive the benefits owed to her, but that Aetna wrongfully terminated those benefits without just cause according to the terms of the Plan. (Click here for more information on Aetna and other similar lawsuits and cases).
Relief Sought in the Filed Lawsuit Against Aetna and Boeing
Plaintiff seeks following relief against Aetna and Boeing:
- A judgment against Aetna and Boeing that declares they violated the terms of the STD Plan
- Aetna and Boeing are compelled to pay all owed STD payments between July 1, 2011 and July 14, 2011, along with all accrued prejudgment interest
- All benefits associated with the STD Plan (dental, medical, prescription drug, etc.) are enacted from July 1, 2011 through July 14, 2011
- A judgment against Aetna and Boeing that declares they violated the terms of the LTD Plan
- Aetna and Boeing are compelled to pay all owed LTD payments between July 1, 2011 to the date of the filing of the judgment, along with all accrued prejudgment interest
- Plaintiff has right to receive all future long-term disability benefits so long as Plaintiff remains eligible under the terms of the LTD plan
- All reasonable attorney fees and court costs associated with both the filings of the STD and LTD lawsuits
- All other relief deemed to be proper and just by this Court
4 comments
I have a case I’m trying to file much like the one here. I a complete history of events. Here are highlights.
I was injured in 2002 exhausted my short term disability and was receiving long term disability. A few years passed and I made attempts to return to work and did for a short period and then needed more surgery. After that surgery I entered a work hardening therapy to condition myself to return to Boeing. When Aetna learned of my attempting to regain employment they cut my LTD off. Fortunately I was finally cleared to return by my Doctor. So, I rejoined the work force. After a couple of months of working I reinjured myself and could not continue. I saw called to see my Doctor who was not able to get me into his office for several weeks but told me not to return to work and prescribed medication. So, Aetna says that I didn’t “see” my doctor within the time frame required and would not pay any disability. Currently I’ve been medically laid off by the Boeing Co, with a pension and I receive Social Security Disability. I don’t understand why Aetna has decided not to honor the insurance plan.
Terry,
I am sorry to hear of your ongoing struggles. Please feel free to contact our Office to see how we may be able to assist you in your claim with Aetna.
Have you thought to run a study on how many Boeing employees that have been working there a long time (15 years or longer) that have been afflicted with Parkinson’s disease? I know of 3 people, 1 died already, that worked there, that have come down with the disease. Are they being exposed to an environmental agent that is causing this? Two that I know of both worked in the offices.
Michael,
Our focus is in representing insureds secure disability insurance benefits. As such, we would not be able to investigate such a situation.