15 Aug OUR CLIENT WINS, INSURANCE COMPANY LOSES…TWICE
Shultz v. Aetna Life Insurance Company
2019 WL 3801547 (M.D. Ala. Aug. 13, 2019)
Our client, a Field Engineer for L-3 Communications, became disabled due to bladder cancer, pulmonary emboli, an inoperable hernia, surgery complications, chronic fatigue, and memory loss. Even after the Social Security Administration found Mr. Shultz disabled, Aetna denied his benefits finding that there was insufficient evidence. Aetna failed to obtain the tests its own physicians recommended, ignored Social Security evidence, gave his treating physician’s opinions no weight, and relied upon a defective vocational assessment. The Court remanded the claim for further consideration after finding Aetna’s decision was arbitrary and capricious, and Aetna eventually paid his benefits and put him back on claim.
We filed a petition for Aetna to pay all the attorneys’ fees expended in litigating this claim. Because of the contentious manner in which Aetna dragged things out, roughly 600 hours were spent by our attorneys and staff litigating what should have been a simple claim. The Court agreed and awarded $143,764.72 in fees and expenses. This was a rare decision and ensured our client was able to keep 100% of his benefits because the insurance company had to pay our bill.