Disability Attorneys Dell & Schaefer filed a disability insurance lawsuit against The Guardian Life Insurance Company of America in a New Jersey Federal court. The lawsuit involves a New Jersey OB/GYN’s claim for long term disability benefits following injuries he suffered in a car accident.
According to the disability lawyers involved with the lawsuit, Guardian Life Insurance paid the doctor for approximately two years prior to discontinuing benefits. Guardian initially paid the disability claim on the basis that the doctor was working only as an OB/GYN prior to becoming disabled. Through basic internet searches, Guardian learned that the doctor was not only engaged in Obstetrics and Gynecology, but he also was earning money from his work with a laser hair removal machine. Guardian conducted an investigation in order to determine how much pre-disability work was from OB/GYN services versus Cosmetic services. Guardian had further questions about both past and future disability earnings of the doctor. Despite making disability payments for two years, Guardian made a determination that the doctor was no longer eligible for benefits.
“This is a case where the Doctor bought a disability insurance policy that he thought would protect his income if he could not work as an OB /GYN,” said Attorney Gregory Dell of the disability law firm Dell & Schaefer.” This is classic case of total disability versus residual disability.”
The case serves as a warning to Doctors and other medical professionals nationwide that there are multiple factors that an insurance company will consider when it comes time to file a claim for disability income benefits. Disability insurance policies are complex and can be subject to multiple interpretations. Every doctor should purchase a disability insurance policy, but it is important that any disability claimant understands the terms and conditions of their disability policy.
The Law Firm of Dell & Schaefer is known for their representation of physicians and other business professionals in disability insurance cases. The Disability Income Division, managed by Gregory Michael Dell, represents disability insurance claimants throughout the nation.