Our client, Mrs. Wible, was an employee of The Boeing Company. She came to Kantor & Kantor, LLP for help in obtaining Long Term Disability (LTD) benefits from Aetna. While employed, Mrs. Wible became totally disabled due to Lupus, and was thus entitled to benefits under the LTD Plan of the Boeing Company.
Her claim was initially paid by Aetna, but was then later denied. Mrs. Wible appealed the denial. Tragically, while the appeal was pending, Mrs. Wible died from complications of her Lupus.
Incredibly, even though Mrs. Wible died as a result of Lupus within just six months of the date that Aetna determined she was no longer disabled, Aetna denied her appeal post-mortem. We succeeded in getting a Court order stating that Aetna ignored, or at best, discounted the credible evidence of her disability. That evidence included the opinions of Mrs. Wible's long-time treating physician, Aetna's own physician who reviewed Mrs. Wible's file, Aetna surveillance evidence and the Social Security Administration findings of Mrs. Wible's disability. The Court found that Aetna was "bent on denying" Mrs. Wible's claim and oblivious to its fiduciary obligations as an LTD Plan administrator.
Aetna paid 100% of all benefits and attorneys fees.