Bartolic Law has helped many clients get long-term disability benefits paid by Aetna. In one case, our client was a clinical physician with a neck injury and we helped demonstrate to Aetna that the client could not perform the clinical part of the practice that involved performing procedures on patients. For another physician client, we helped show the ongoing and lasting fatigue from an acute medical compromised the physician’s ability to make split-second decisions during surgeries. We helped resolve a case for a client where Aetna tried to deny a long-term disability claim because the employer terminated his employment the day before his disability payments were to begin, with the claim turning on an interpretation of a coverage clause in the plan (after we first persuaded Aetna the client was in fact disabled). Recently, Bartolic Law got a judgment against Aetna [link to Ferrin v. Aetna] where Aetna terminated our client’s disability claim after our client stopped receiving workers’ compensation benefits, which increased Aetna’s monthly payment to the client
Ferrin v. Aetna Life Ins. Co., 336 F. Supp. 3d 910 (N.D. Ill. Sept. 28, 2018) (holding insurance policy’s grant of discretionary authority is void under Texas law due to certificate being issued after effective date of regulation, and policy renewing after effective date, and holding Plaintiff was disabled from Any Reasonable Occupation where treating doctors certify she can sit at the occasional level, and insurer’s consultants opine Plaintiff can sit frequently, as weighing all evidence together would make capacity likely at low end of frequent range at best).
Sadowski v. Tuckpointers Local 52 Health & Welfare Trust, 281 F. Supp. 3d 710 (N.D. Ill. Dec. 20, 2017) (holding plan was arbitrary and capricious in denying medical benefits for removal of spinal cord stimulator following a fall down the stairs and infection where plan argued the expenses were caused by the same injury as the car accident necessitating implantation of the stimulator years earlier)
Tassone v. United of Omaha Life Ins. Co., 264 F. Supp. 3d 867 (N.D. Ill. Aug. 30, 2017) (awarding client long term disability benefits denied by United of Omaha despite insurer’s doctor opining there was no objective evidence of functional impairment)
Suson v. PNC Fin. Servs. Grp., Inc., No. 15-CV-10817, 2017 WL 3234809 (N.D. Ill. July 31, 2017) (holding Liberty Mutual’s denial of client’s long term disability benefits was arbitrary and capricious where Liberty Mutual disregarded client’s carpal tunnel syndrome and relied on a vocational opinion to which client never had an opportunity to address before litigation)