On Sept. 3, the U.S. Court of Appeals for the 1st Circuit held that Aetna had wrongly denied long-term disability insurance coverage to a claimant with malignant melanoma. The opinion turns on a legal issue that comes up often in LTD cases — whether the claimant had a pre-existing condition that invalidated his disability claim.
The National Football League is well known for denying the valid disability claims of its players. After submitting a claim for disability benefits to the NFL, which is self-insured and administrates all NFL claims, the player is often sent to numerous "neutral" medical examinations by physicians of the NFL's choosing. Not surprisingly, these doctors overwhelmingly find that the player is not disabled under the terms of the NFL's Disability Plan and the claim is denied.