Judge Denies Motion to Dismiss in BofA, Aetna Long Term Disability Lawsuit

A federal judge in California has denied a motion to dismiss a lawsuit alleging Bank of America and Aetna Insurance improperly denied long-term disability benefits to a loan officer when he worked for the bank.

According to court documents, U.S. District Judge Saundra Brown Armstrong of the Northern District of California refused to dismiss a long-term disability complaint filed by Omid Behjou. Bank of America filed a motion to dismiss the lawsuit claiming a settlement in a prior class action against the bank precluded Behjou from claiming employee benefits.

Behjou filed the lawsuit in September 2010 against Bank of America and Aetna Life Insurance Co., the administer of the bank’s insurance plan. Behjou claimed the bank refused to pay his long-term disability benefits by withholding some of his sales commissions from his salary.

Judge Armstrong said Behjou’s claims for long-term disability benefits are still actionable under the terms of the class action settlement.

If your long-term disability claim has been denied, please contact the Indiana long term disability attorneys of the Hankey Law Office, by calling 800-260-3633.