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Episode 9 Guardian & Berskhire Life long term disability insurance claims

It is not often we say positive things about disability insurance companies, but Guardian Insurance Company and Berkshire Life Insurance Company are two companies that usually try to do the right thing for their policy holders. Guardian has been in existence since 1860 and has over 5,000 employees. In 2001 Berkshire Life merged with Guardian. Berkshire Life sells individual ERISA exempt disability policies and Guardian sells Group disability insurance policies. Guardian has over 42 billion dollars in assets under management and revenues have exceeded 7 billion dollars.

In this episode disability insurance attorneys Gregory Dell & Stephen Jessup of Attorneys Dell & Schaefer discuss Guardian and Berkshire Life Disability Insurance Companies and their handling of long term disability insurance claims.

More specifically we will discuss:

  1. A New York disability insurance case about a dentist that was claiming total disability but Berkshire Life was claiming the dentist was residually disabled.
  2. What is a “dual occupation”?
  3. A Florida case against Berkshire Life discussing how to determine what a person’s “own occupation” is at the time he is or she becomes disabled.
  4. The ability to be collect total disability benefits and continue to work in a different occupation.

Please note: Disability insurance attorney Gregory Michael Dell created Disability Insurance Law TV in order to educate long term disability claimants about common issues related to long term disability insurance claims. New episodes are filmed on regular basis. Our disability videos are for informational purposes only and they are not legal advice.

There are 4 opinions so far. Add your comment now.


I was denied my short term term disability. I will like a free consultation.

Attorney Stephen Jessup:


Please feel free to contact our office to discuss how we may be able to assist you.

Robin C.:

My name is Robin, I am interested in terminating my ltd insurance with Gardian. I am 64 years old and will be 65 in June. I have a small pention from Tidewater Marine as a chief engineer, in which will be deducted from the 1622.00 a month that I have received for over 20 years now. I am not sure if I have to collect my S.S or if I can be given the choice to wait and collect at 67. If I collect at 65 then I would receive with my pention almost 400.00 more a month but it would cancel out my Guardian insurance.

My question for you is since I am on an old plan that is for life (I’ve been told to not let that go) would there be any settlement I can make before drawing my S.S?

Thank you for your time, much appreciated.
Robin C.

Attorney Jay Symonds:

Robin, you can always contact the carrier and explore the option of a lump sum buy-out of your benefit. Each carrier has its own internal guidelines as to what types of claims can be referred for a buy-out review. If you have additional questions please feel free to contact our office and speak with one of the attorneys to discuss your situation in more detail.

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