Berkshire Disability Help

Berkshire Disability Lawyer Representation for Your LTD Insurance Claim

Our firm has handled and currently represents numerous claimants seeking disability benefits with Berkshire Life Insurance Company. In our opinion, Berkshire is one of the most highly respected and trustworthy disability insurance companies. The majority of our Berkshire disability claim clients are business professionals, doctors, dentists and lawyers. Most Berkshire disability policies contain an “own occupation” definition of total disability as well as a “residual disability” provision.

The older Berkshire policies contained a complicated residual disability definition which requires a 6 month averaging of income while a disabled claimant continues to work in a limited capacity. The Berkshire policies issued in the past few years contain a traditional residual disability definition which pays a percentage of the monthly benefit that is proportionate to the claimant’s loss of pre-disability income. The Berkshire policies usually define “total disability” as the inability to perform the material duties of your occupation.

What Are The Pros And Cons Of Being A Berkshire Life Disability Insurance Policy Holder?

Berkshire is one of the few long term disability insurance companies that actually wants to make the right decision on a claim. They don’t always get it right but they will give more effort and attention to your claim than any other disability company.

Our law firm’s opinions about Berkshire come from our experience of representing numerous Berkshire claimants from the initial application for benefits through the filing of a lawsuit. Contact us for assistance at any stage of your claim for benefits with Berkshire.

There are Pro and Cons that a claimant must be aware of when seeking disability benefits from Berkshire.

The Pros

The Pros are that Berkshire will give a claimant the benefit of the doubt when evaluating a claim. Most companies will cease any opportunity to deny a claim, but Berkshire does not behave this way. They will be very detailed in their request for information and they will give a claimant every opportunity to support their claim for disability.

Another pro is that the disability claim examiner assigned to your case will be well educated and have multiple years of experience in handling disability claims.

Berkshire will always give a claimant a reasonable time period to provide whatever information is requested.

The Cons

The Cons are that if you present a sloppy or incomplete claim to Berkshire, then you significantly reduce your chances of receiving benefits. If you are not organized with your business and financial records then you may not be able to comply with Berkshire’s request for information.

For example, if you are a physician or dentist and you cannot provide monthly production data (CPT or ADA Code reports) to support your pre-disability activities, then Berkshire will challenge your material duties. Berkshire and their medical team will scrutinize your medical records, therefore it is important that your treating physicians understand how to document your restrictions and limitations.

Berkshire Claim Resources And Information

Berkshire Life Insurance Company is a subsidiary of The Guardian Life Insurance Company of America.

We welcome you to watch our Berkshire / Guardian disability videos, read some of our Berkshire resolved case summaries below, and review information about Berkshire lawsuits and court opinions throughout the country.

We also invite you to post comments, complaints, or general questions about a Berkshire disability claim which our lawyers will respond to.

If your claim was denied or you are considering filing for benefits, then you should contact us privately for a free consultation.

Resources to Help You Win Disability Benefits

Disability Benefit Denial Options

Submit a Strong Berkshire Appeal Package

We work with you, your doctors, and other experts to submit a very strong Berkshire appeal.

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Sue Berkshire

We have filed thousands of disability denial lawsuits in federal Courts nationwide against Berkshire.

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Protect Your Benefits

Get Your Berkshire Disability Application Approved

We help claimants throughout the entire application process.

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Prevent a Berkshire Disability Benefit Denial

We manage every aspect of your disability claim following claim approval.

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Negotiate a Berkshire Lump-Sum Settlement

Our goal is to negotiate the highest possible buyout of your long-term disability policy.

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Berkshire Reviews

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Answered Questions by Our Lawyers

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Q: Are you familiar with the difference between Berkshire’s Enhanced and Basic residual contract language and how material the language difference could be at claim time?

Answered on March 7th 2018 by Attorney Gregory Dell

A: Chris, thank you for asking this important question. Without actually seeing the exact policies that you are r... Read More >

Q: Does Berkshire offer lump sum buyouts of uncontested disability claims?

Answered on March 25th 2014 by Attorney Stephen Jessup

A: Joe, From our experience, Guardian/Berkshire does not offer lump sum buyouts of uncontested disability claims.... Read More >

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Helpful Videos

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Disability Benefit Tips

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Why Must Your Disability Insurance Lawyer Understand Your Disabling Condition?

When it comes to securing your disability insurance benefits, it's vitally important that your disability insurance lawyer thoroughly understands the symptoms and impact of your disabling condition. Doctors can help you create strong medical records, but they're not accustomed to dealing with the rigorous documentation disability insurance companies require. Lea... Read More >

Disability Benefit Denial Reason #5 – Your Medical Evidence is Weak

If you're seeking long term disability benefits from an insurance company, you may be concerned that you're facing an uphill battle. Fortunately, the stronger your medical evidence, the greater the odds that your claim will be approved. On the other side of the coin, one of the most common reasons for denial of long term disability benefits involves too-weak med... Read More >

Disability Benefit Denial Reason #4 - Your Doctor Is Misled By the Disability Company

When you're seeking disability insurance benefits, your medical records and treating physician's statement are two of the most important components of your claim. But because the insurance company has a vested interest in denying your disability insurance claim, it often will rely on tactics like ambushing your doctor with a phone call in an attempt to get them ... Read More >

Disability Benefit Denial Reason #3 - Video & Social Media Surveillance

One thing many disability insurance claimants don't know about (or expect) from the claims review process involves video and social media surveillance. Disability insurance carriers often hire people to follow claimants around with a telephoto lens - or even send social media friend requests from fake accounts - to glean whatever information they can about the c... Read More >

How Do You Fight a Long-Term Disability Denial?

Getting a denial letter from your disability insurance company is one of the ultimate insults. You are sick and not able to work, yet your disability insurance company is telling you to return to work. The disability insurance company has denied your disability benefit claim and is basically calling you a liar. When receiving a disability denial letter or a ph... Read More >

Disability Denial Reason #2 - Change of Disability Definition & Vocational Review

One of the top reasons for terminating a claimant's long term disability benefits involves the change in the disability insurance policy's definition of "disability." This definition change often happens in conjunction with a vocational review, or an analysis of a claimant's medical records that tells the insurance company which jobs the claimant should be able ... Read More >

Disability Denial Reason #1 – Paper Review & IME

At Dell Disability Lawyers, we've seen insurance companies give countless reasons to deny long term disability benefits. However, most disability benefit denials tend to fall into one of a few categories - and one of the biggest ones is the paper review and independent medical exam (IME). Learn more about what this review process entails and what your claim file... Read More >

How to Apply for Reliance Standard Disability Benefits & Top 5 Reasons for a Claim Denial

At Dell & Schaefer we’ve handled hundreds of long term disability insurance claims against Reliance Standard, and have learned a few things in the process. When you’re experiencing an injury or illness that makes it difficult (or impossible) to work, it can be tempting to file a claim as quickly as possible – but unless a claimant has all their ducks in a row, this could actually delay the ultimate r... Read More >

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Dell Disability Cases

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Showing 8 of 375 Dell Disability Cases

Berkshire Approves Application for Disability Benefits to Sales Manager

Our client, an accomplished outside salesman, had built a stellar reputation in his industry after building his company over a period of many years and then after he sold the business to an international company, and continued to work in his capacity as a salesman. Throughout his entire career he was always focused on building relationships with his clients and despite his role as the owner, was always traveli... Read More >

Berkshire and Liberty Mutual approve benefits to OB/GYN suffering from essential tremor

Our client, an OB/GYN purchased long term disability insurance policies from Berkshire and Liberty Mutual in hopes that he would never need to file a disability claim. He began experiencing a slight tremor in his left hand in 2006. At that time he sought treatment to determine the origin of the tremor and his options for treatment. It was initially determined that the tremor was minimal and was not impacting h... Read More >

Berkshire approves total disability benefits for litigation attorney following surgery to remove a cancerous tumor and multi-level fusion of cervical spine

Our client was a litigator with his own successful practice. Early in 2009 he began to experience increasing pain in his upper back and neck. Thinking it was just a result of stress, he continued to try to work through the pain. As the pain worsened he sought medical treatment and later learned he had a life-threatening Chordoma in his cervical spine.The slow growing, highly dangerous Chordoma had to be re... Read More >

Berkshire Life Insurance Company approves long-term disability benefits for a dentist suffering from lumbar disc disease

Our client, a general dentist, purchased a long-term disability policy from Berkshire Life Insurance Company of America. The policy defined "disability" as the inability to perform the substantial and material duties of his regular occupation. Our client maintained a solo dental practice since 1995. After several years of practice, Dr. Q began experiencing back pain which made it difficult for him to bend over... Read More >

Seven Surgeries and The Standard Still Denies Disability Insurance Benefits

Our client was employed with the State of Oregon as a Technical Support Representative. She sought disability through her employer provider LTD Policy with Standard due to low back, hip, and lower extremity pain. She had two hip, two knee and three back surgeries.After paying her for 1.5 years Standard hired a board-certified neurologist to perform a review ... Read More >

Sun Life Wrongfully Denies Disability After Paying For 23 Months

We represent a 57 year-old claimant who’s occupation was selling commercial vehicles for many years. Her job was very physical as it required her to climb in and out of semi-trucks multiple times a day as well as operate them which was very strenuous. She went out of work in due to ongoing and severe debilitating right hip, low back, and bilateral knee pain... Read More >

Nurse Denied Long-term Disability Benefits by Lincoln After the Definition of Disability Changed

Our client, a registered nurse for Dignity Health, found herself in a difficult situation after being diagnosed with lumbar spondylosis and left knee arthritis. She continued to work, however, struggled while attempting to work through chronic lower back pain and left lower extremity radicular symptoms on a daily basis. Sadly, her condition failed to improve and... Read More >

Lincoln Reverses Decision to Terminate LTD Benefits of Corporate Attorney after Dell Disability Lawyers Appeals the Decision

The claimant is an 64 year old former Corporate Attorney and at a prominent Florida business law firm who was forced to cease working in his highly successful and rewarding profession, job, and career on January 27, 2021, and to seek disability compensation under his policies with Lincoln due to severe symptomatology stemming from or following a viral COVID-19 i... Read More >

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Disability Lawsuit Stories

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Showing 8 of 765 Lawsuit Stories

Ambiguous Disability Policy Language is Construed in Favor of Disability Claimant with Berkshire Life Policy

Most purchasing a disability insurance policy may not negotiate specific language. Rather, insurance companies use stock forms, and the negotiation involves the tradeoff between the extent of coverage and the premium. The insurance company supplies the specific statutory provisions once the extent of coverage is determined.When a dispute arises about specific terms, courts interpreting insurance policies u... Read More >

Pennsylvania Pharmacy Owner Learns The Hard Way That Accuracy Is Everything When Applying for Disability Insurance Benefits

On January 28, 2011, the United Sated District Court of the Eastern District of Pennsylvania granted Berkshire Life Insurance Company of America's Motion for Summary Judgment in Michael S. v. Berkshire Life Insurance Company of America, et. al. In addition, the plaintiff's disability policy and FIO policy were rescinded negating Michael S.'s claims of "(1) violation of the Covenant of Good faith and fair Deali... Read More >

Disabled South Carolina doctor sues Berkshire Life for disability benefits

A disability attorney recently filed a federal lawsuit in South Carolina against the Berkshire Life Insurance Company of America. The plaintiff, a physician, paid for disability policies that were underwritten and insured by Berkshire. When the doctor applied for disability benefit, Berkshire refused to pay.The Plaintiff, through his disability Lawyer, filed a disability lawsuit due to Berkshire's breach o... Read More >

Pizzeria owner suffering from Celiac disease filed lawsuit against Berkshire for breach of contract in refusing to pay disability benefits

Recently a lawsuit was filed against the Berkshire life Insurance company of America at the Circuit Court for the County of Wayne in Michigan by an owner and operator of several pizzerias through his disability attorney. The disability lawsuit was filed after Berkshire evaluated the disability claim and made a determination that the claimant was not disabled.The Facts of the Case:The plaintiff Patrick ... Read More >

Reliance Standard Disability Denial Upheld Due to Claimant's Lack of Strong Medical Record Support

In the case of Amy Wright v. Reliance Standard Life Insurance Company (Reliance), Plaintiff was the vice-president of health information services at Integrity Health Care when she stopped working on August 7, 2017. She brought claims for benefits under an LTD insurance policy and a waiver of premiums under a life insurance policy.In order to be approved for LTD benefits, Plaintiff ... Read More >

Unum Wrongfully Terminated Disabled Lawyer’s Disability Claim of Depression and Anxiety Despite Improvement in His Condition

This Unum lawsuit and appeal in federal court is a great victory for all Unum disability claimants. This case supports all claimants that are disabled and claim that they cannot return to work as the requirements of their job will aggravate their symptoms and make them unable to work.Mark was a personal injury litigation attorney, when he began struggling with symptoms of... Read More >

Federal Court Overturns Aetna Denial Of Disability Benefits

In the recent case of Ferrin v. Aetna Life Ins. Co. a federal judge from the Northern District of Illinois determined that Aetna improperly terminated Ferrin’s claim for long term disability benefits and ordered Aetna to reinstate Ferrin’s claim and pay all past due benefits with interest. Prior to filing for long term disability Ferrin was an employee of Southwest Airlines. In 2008, while at work, she suf... Read More >

Court Finds Irregularities in Procter & Gamble Disability Insurance Benefit Denial

In ERISA cases filed in a district court asking for judicial review of a plan administrator's denial of benefits, the court is generally limited to considering only the administrative record that was before the plan administrator. The case of Robert Stallings v. The Proctor & Gamble Disability, Committee, et al., is an example of how plaintiffs with cases filed in a District Court that is under the jurisdi... Read More >

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Reviews from Our Clients

S.S.

I am a physician in my 30s who was practicing in my hospital based medical specialty until my Multiple Sclerosis diagnosis began to severely limit my physical ability to work.

My husband and I were obviously in distress at these very unwanted life changes and frankly overwhelmed with the possibility of a long and traumatizing legal battle ahead of us. We knew we were legally entitled to benefits through the separate private individual and employer based ERISA disability insurance policies we had, but even cursory research and discussion with colleagues made it clear that insurance companies will strategize with their own legal teams to find ways to not pay out benefits. We found many before us who had fallen unwittingly into legal pitfalls that prevented them from ultimately obtaining benefits. We realized we needed to seek legal counseling.

We found Dell Disability Lawyers through their YouTube channel where their partners have videos discussing the legal intricacies and latest developments in private disability law. I was impressed by their dedication to the field and reached out through their website to request a free consultation.

We were delighted to hear that Mr. Steven Dell himself would be willing to take our case and felt assured that we would be represented by the best of the best.

We have not been disappointed in our expectation and have, in fact, been consistently very impressed. Steven Dell is clearly both knowledgeable and wise about dealing with these issues but more importantly, has shown kindness and impeccable honesty at each step of the way.

Merlin has demonstrated a very high capacity for organizing and handling the endless myriad of documents and communications between us and the insurance companies. She has also been very compassionate, accessible and forthcoming in dealing with our many anxiety fueled emails and telephone calls to her and we are very grateful for her involvement.

For over 7 months, we have been working closely with Steven Dell and Merlin Bryan from Dell Disability Lawyers as they have guided us through the process of review and initial application for benefits from our two insurance policies (Hartford and Ameritas).

We are happy to announce we just received approval of claim from the Hartford insurance company.

At this time we are still working with this firm as we await the final decisions from Ameritas policy that we are hopeful will have a similar outcome.

As anyone with a chronic and progressive illness can tell you, time becomes a very precious commodity. Through their representation, Dell Disability Lawyers has allowed us to focus the majority of our time enjoying the time and function I have left while resting assured that our disability case laid in competent and caring hands.

The truth is that no amount of money can make up for what we have lost, but it is a huge comfort to have a team like Dell Disability Lawyers at our sides to help us ensure we will be able to continue to care for ourselves and our families.

We highly recommend Dell Disability Lawyers, Mr. Steven Dell and Ms. Merlin Bryan to handle your disability insurance claim.

Thank you Steven, thank you Merlin!

We will certainly plan on leaving another review for completeness once we have our final decision from Ameritas.

Paula B.

I have been working with Dell Disability Lawyers for the past 5 years concerning my disability as it pertained to my employer. I have been more than pleased with them the entire time. They have always kept me informed of any paperwork needing completed or any changes coming ahead. Nothing has been a surprise. I would recommend them to you to help with your disability case if you’re trying to dip into the policy you’ve been paying for.

Michael M.

I am a physician who has been disabled for over 10 years. During this time I have been represented by Cesar Gavidia and his assistant, Danielle Lauria. Their representation on my behalf has allowed me to concentrate on dealing with my disability/disease process and all associated complications and not having to deal with all the things that are necessary in a disability insurance claim. Based on my personal experience from many years of practicing medicine I would consider their work product, insight and effort in the disability insurance claim procedures to be superior. I would recommnend them, which I have done, with my highest level of confidence. In short, you will be well served with this practice.

Dan P.

I had to retire from my career due to a bad back that restricted me from performing my duties. I had LTD insurance and after a few years of receiving monthly benefits from this insurance company, they notified me that my benefits were terminated stating that I don’t qualify due to my duties not fitting into some “national job description” and a nurse had deemed me eligible to go back to work. It’s a crushing feeling to have this told to you over the phone with hardly any information given. Luckily, I came across Dell Disability Lawyers and spoke with Attorney Palamara who calmed me down and stated they would take my case. Within a couple of months my benefits were restored, and I had piece of mind. I cannot thank Attorney Palamara and the staff at Dell Disability Lawyers enough for their professionalism, no nonsense approach, personal and timely communication and quick ability to litigate my case.

Jen S.

I wanted to thank Mr. Symonds and his legal assistant Sonia for their professionalism, guidance and dedication towards my LTD insurance claim. Going through the denial process on my own was going to get me sicker and I knew it was time for help right away. I reached out to Dell Disability Lawyers for assistance and not too long after my call, I was connected with Sonia. Soon after that, I was talking about my case with Mr. Symonds. After a long and tedious process with the LTD insurer, we won the case. The wait can absolutely be lengthy, but in the end, it was all very much worth the fight. Thank you both so much for all that you have done for me! I also want to thank those who assisted in keeping me updated, as needed. Highly recommended for anyone who is going through the brutal process of an LTD denial.

Carl G.

I would like to thank Dell Disability Lawyers for taking care of my case and help me get the insurance coverage that I was rightfully in need of. Specially, I would like to thank Attorney Alexander Palamara and right-hand legal assistant, Sonia Nogueira, who made this process less stressful. They answered all my questions and kept me informed every step of the way.

Don’t get me wrong. They never promised or told me that I was going to win my case, as no one can guarantee that for you. What they did do, was letting me know that they were working hard for me and to keep positive. Something that I recommend everyone to do is to subscribe to their YouTube channel. That will give you an idea on how they operate and why they (for most of their cases) win their cases.

Since I was awarded disability, I am still having surgeries and thanks to them, I’ve been able to cover all those expenses.

Warm regards to everyone at Dell Disability Lawyers!

Clarisa B.

I’m so very Grateful and Thankful for the team at Dell Disability Lawyers. They worked tirelessly to get the best outcome for me. I’m so glad that I found them!!

Carole S.

Exceptional, efficient and professional service from Jay Symonds and Sonia Nogueira. They were both so helpful and knowledgeable and navigated me through a very stressful and difficult situation with New York Life.

K. S.

Awesome team. Jay and his team, Sonia and Francesca, truly care. This team is very professional and quick to respond. Jay always provided answers in detail to my questions. I strongly recommend Jay Symonds.

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