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 his ability to practice as an OB/GYN.
For about a year and a half the tremor appeared to be controlled by medication. In May of 2008, he began to notice the tremor in his left hand was worsening and a new tremor was developing in his right hand. Concerned he scheduled follow up medical appointments and sought out another physician for his treatment. New, more aggressive medication was prescribed in an attempt to alleviate the symptoms. With these changes in medication he was able to continue to work as an OB/GYN.
By the middle of 2009, the tremors began to worsen and his doctors adjusted his medications again. By November 2009, the tremors had become severe enough that he was having difficulty holding surgical instruments and was forced, for the safety of his patients, to reduce the number of surgeries and office procedures he was performing. By December of 2009, his physicians had deemed him permanently disabled from performing his duties as an OB/GYN. Not wanting to give up the practice of medicine he sought additional opinions. However, all the doctors he consulted with agreed that the tremors were uncontrollable and that he could no longer work as an OB/GYN. Exhausting all medication possibilities, he had no other option but to consider filing for disability benefits.
Realizing that the disability income benefits would be his only source of income, he contacted Dell and Schaefer to assist in the filing of his claim for benefits, to ensure the proper presentation of his claim. Attorneys Gregory M. Dell and Stephen F. Jessup worked on his claim, gathering and analyzing information they knew would be needed by the insurance companies in order to establish his claim for benefits. Attorneys Dell and Jessup maintained constant communication with the claims managers at Berkshire and Liberty Mutual, responding promptly to all requests for information or clarification. Within a month and a half of the filing of our client’s claim for benefits, Berkshire began issuing benefits.