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PENNSYLVANIA RECORD

Thursday, March 28, 2024

Client accuses Aetna Life of wrongful termination of disability pay

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PHILADELPHIA — A former supermarket manager is suing Aetna Life Insurance, alleging wrongfully withholding disability benefits.

John Becker of Perkasie filed a lawsuit Feb. 16 in U.S. District Court for the Eastern District of Pennsylvania against Aetna Life Insurance Company, alleging violation of the Employee Retirement Income Security Act (ERISA).

According to the complaint, Becker was an active, full-time employee of Ahold USA Inc. until June 11, 2012, working for Clemens Markets for 20 years before Clemens supermarket went under its Giant brand in late 2006. The suit says he worked as a store manager for approximately 5 1/2 years before becoming disabled. The defendant was the insurance provider of a long-term disability (LTD) plan for the company.

As of June 12, 2012, the plaintiff alleges he was unable to work due to the severity of his physical impairments including, but not limited to, Charcot-Marie tooth disease, idiopathic peripheral neuropathy and fatigue.

Becker says he filed a claim and received LTD benefits until he received a letter Dec. 9, 2014, from Aetna, informing Becker he would no longer receive benefits.

The plaintiff alleges he filed a timely appeal, which was denied, despite passing the “test of disability” as set forth by the LTD plan.

Becker seeks disability benefits equal to the contractual amount according to the plan, prejudgment interest, cost of the suit and attorney fees. He is represented by attorney Joseph Capitan of Martin LLC in Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania Case number 2:16-cv-00742-LDD

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