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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 of insurance contract and bad faith to recover long-term disability benefits that were wrongfully withheld by Berkshire.

The Facts of the Case Against Berkshire Insurance Company of America

On August 1, 2004, Berkshire issued a policy to the Plaintiff, insuring him against disability as defined in the “original policy.” This original policy allowed the Plaintiff to add additional coverage from Berkshire at a later time.

The Plaintiff exercised his rights to additional coverage on several occasions. Berkshire issued an additional policy on September 22, 2010. This policy called for the Plaintiff to receive $2,500.00 per month in the event he became injured. It would not pay anything to the Plaintiff if the disability was caused by a pre-existing condition except under certain circumstances.

According to this policy, “Pre-existing Condition” meant the following:

Plaintiff also purchased an additional policy from Berkshire, with an effective “policy date” of August 1, 2010. Berkshire collected premiums from the Plaintiff for coverage from that date. This policy called for a monthly disability payment to the Plaintiff of $2,500.00 a month in the event of a “disability” as defined by that policy.

On August 16, 2010, Plaintiff became disabled according to the definitions in all three policies.

Denial of Berkshire Disability Benefits Claims

Berkshire paid the Plaintiff according to the terms of the original policy, but denied the Plaintiff’s claim under last purchased policy under the presumed condition that the Plaintiff was disabled when he purchased the policy. Plaintiff’s claim under the 2nd purchased policy was also denied based on the presumed condition that the Plaintiff’s disability was due to a pre-existing condition as it is defined in that policy. The denial letter was sent to Plaintiff on January 25, 2011.

Lawyer Files Lawsuit Against Berkshire

According to the lawsuit, the Plaintiff alleged that Berkshire failed:

Plaintiff also claims Berkshire committed the following wrongful acts:

Relief Sought By The Plaintiff In The Berkshire Lawsuit

Due to Berkshire’s actions, the Plaintiff requests the following relief from the Court:

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Questions About Hiring Us

Do you help Berkshire claimants nationwide?

We represent Berkshire clients nationwide and we encourage you to contact us for a FREE immediate phone consultation with one of our experienced disability insurance attorneys.

Can you help with a Berkshire disability insurance policy?

Our disability insurance lawyers help policy holders seeking short or long term disability insurance benefits from Berkshire. We have helped thousands of disability insurance claimants nationwide with monthly disability benefits. With more than 40 years of disability insurance experience we have helped individuals in almost every occupation and we are familiar with the disability income policies offered by Berkshire.

How do you help Berkshire claimants?

Our lawyers help individuals that have either purchased a Berkshire long term disability insurance policy from an insurance company or obtained short or long term disability insurance coverage as a benefit from their employer.

Our experienced lawyers can assist with Berkshire:

  • ERISA and Non-ERISA Appeals of Disability Benefit Denials
  • ERISA and Non-ERISA Disability Benefit Lawsuits
  • Applying For Short or Long Term Disability Benefits
  • Daily Handling & Management of Your Disability Claim
  • Disability Insurance Lump-Sum Buyout or Settlement Negotiations

Do you work in my state?

Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

What are your fees?

Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

Do I have to come to your office to work with your law firm?

No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

How can I contact you?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

Dell & Schaefer Client Reviews   *****

Dennis W. (Florida)

If it weren’t for Attorney Rachel Alters, I would have probably been living on the streets, living in a cardboard box, or maybe not even be here today. I was denied numerous times by my own Short Term and Long Term Insurance Company that I had paid years of premiums to. I figured that since it was my Insurance Company that I wouldn’t have any problems with submitting a claim and getting it approved. Was I wrong… Then the claims adjusters started playing head games with me each time I contact them or mailed them any additional information. Nothing seemed to matter. Eventually I would always get a rejection/denial letter in the mail. I was so irritated and frustrated as I also had to deal with my illness and go without any income for almost 2 years.

I even researched and contacted numerous local lawyers. They would either state that they wouldn’t take the case, take the case and either do nothing with the file or at a later date contact me to inform that they didn’t practice in that particular area. This included all the Attorneys and Firms that you see advertising on the television, including the Large Law Firms. Theses firms actually didn’t have the expertise nor the experience in the area of Traumatic Brain Injury, as it was a fairly new unknown area. This was prior to the publicizing of Traumatic Brain Injuries regarding NFL Football Players committing suicide (retired or ex-football players) as well as Professional Boxers. Now all of the sudden those same Attorneys and Large Law Firms are advertising for cases with Traumatic Brain Injuries and Insurance Disability Claims like they dealt with them in the past, which is definitely not the case.

I was stuck between a rock and a hard place. So I went researching on the internet and found Dell & Schaefer and watched their videos and so on. I contacted their company and was given an appointment with Attorney, Rachel Alters. She went to bat for me. Fought the Giant (Insurance Company) and won, whereas all these other Attorneys and Large Firms wouldn’t even touch my case. Attorney, Rachel Alters was even willing the take the case to court. She went to battle against a Large Insurance Company and won without going to court!

***** 5 stars based on 202 reviews

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