Guardian Disability Help

Question

Can I claim a permanent disability to avoid a surgery that requires several months of down time without promising results?

Name: Dell Disability Lawyers
Brand: Dell Disability Lawyers
Rating: 5 (746 reviews)

Asked on September 14th 2019 by Lia

I am a dentist and I was diagnosed with Osteoarthritis of the left thumb which limits the range of motion in the joint and affects my daily work. I been advised to have surgery but the down time can go from 6 to 8 months and the results are not 100% guaranteed. This down time will be detrimental for my practice and I just can’t do it. Do you think I can claim a permanent disability and not do the surgery? With this diagnosis can Guardian argue and not approve it? Thanks

Answer

Answered on September 14th 2019 by Attorney Jay Symonds

Lia, each claim depends on the specific facts and circumstances of the case in conjunction with the specific terms and provisions of the relevant Policy. Consequently, it is impossible to predict what the carrier might do. I suggest you contact our office and speak with one of the attorneys to address the specific questions you have regarding your situation.

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Guardian Reviews

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Showing 4 of 17 Reviews

Guardian

Guardian not being flexible during Covid

Reviewed by Robert W. on April 13th 2020 Verified Policyholder

Guardian denied my LTD due to doctor’s office not sending medical records quickly due to office closed because of Corona virus. There was nothing that I could do to get ...

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Sent on April 13th 2020 by Attorney Gregory Dell

Robert, this is very unfortunate and sad to hear. You would think that Guardian might understand that the great majority of the country is “shut down” and getting docu...

Guardian

Guardian thinks people with lupus miraculously recover

Reviewed by Virginia Z on March 20th 2020 Verified Policyholder

I became disabled in 2018 (Lupus and Sjogren’s). I’m 54 and I worked over 30 years (for the government) before I became disabled. I received Guardian STD and then LTD ...

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Sent on March 20th 2020 by Attorney Jay Symonds

Virginia: This is a very unfortunate situation they’ve put you in. You should request in writing an extension of time to submit the information and documentation. You sh...

Guardian

Stress over Guardian caused my heart attack

Reviewed by Kate on September 20th 2017 Verified Policyholder

All of a sudden (after 12 years), Guardian LTD is sending more and more paperwork – especially after someone stole my identity and filed taxes in my name. The IRS knows ...

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Sent on September 20th 2017 by Attorney Stephen Jessup

Kate, please contact our office to discuss your claim in greater detail with one of our disability insurance attorneys.

Guardian

The IRS should know that Guardian refuses to send my W-2 form

Reviewed by James R. on May 19th 2017 Verified Policyholder

I have received Long Term Disability through Guardian. They cut off my checks in July of last year. I appealed their denial and won. Now I am fighting them to get my W-2 f...

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Sent on May 19th 2017 by Attorney Rachel Alters

James, have you made your request in writing? Also, is your benefit taxable? If it is not, Guardian would likely not send anything.

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Answered Questions by Our Lawyers

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Q: How much can Guardian Life ltd take back once you get social security disability?

Answered on August 6th 2025 by Attorney Stephen Jessup

A: Guardian will be entitled to a repayment of any period of disability in which they paid the full benefit amoun...

Q: Why does Guardian want me to file for SSDI?

Answered on July 7th 2025 by Attorney Jay Symonds

A: Without reviewing your Policy I cannot be sure what their motivation might be. SSDI is typically found in the ...

Q: If I am covered by Guardian STD, why are they telling me to file with the state?

Answered on November 19th 2024 by Attorney Gregory Dell

A: Guardian is telling you to file with the state as they will get an offset for anything the state pays you.

Q: I accepted and deposited a lump sum long term disability payment installment for underpayment from Guardian. Can they ask for money back if I try to work again?

Answered on May 17th 2023 by Attorney Gregory Dell

A: In most lump sum settlements, once you receive a buyout then you can attempt to do anything you want once the ...

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In a recent case out of New York, the court found that the Plaintiff did not provide a good enough reason for failing to timely file his ERISA action.New York in Viti v. The Guardian Life Insurance Company of America, the plaintiff's disability was not disputed; both parties agreed that his disability was genuine and prevented him from returning to work. However, the plaintiff missed the deadline for filin...

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Recently, in the case of Laser & Cosmetic Dermatology S.C and Jawdat Abboud Vs. Guardian Life Insurance Company Of America, Berkshire Life Insurance Company of America filed at the District Court for Northern Illinois Eastern Division, the plaintiff Jawdat Abboud through his disability attorney alleged that the Berkshire Life Insurance Company of America (a subsidiary of Guardian Life Insurance Company Of ...

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A recent lawsuit filed against Guardian Life Insurance Company highlight an issue that comes up regularly for disability insurance claimants that have minor children and are approved for Social Security Disability Benefits. Monica Johnson has been receiving long-term disability benefit payments from Guardian Life (Guardian) since August, 2003 as result of her becoming completely and totally disabled in April, ...

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Dell Disability Lawyers 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...

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Keith G.

They were very professional with their responds and on time with keeping you inform about everything with your case. I would recommend My lawyer Stephen Jessup, he was on point with everything, thank you. You guys are awesome people to work with. God bless you guys.

Keith L.

I was not able to work as a physician for about 14 months due to neck/back issues. Even though I had 3 medical doctors explicitly state that I was not to work AT ALL as a physician at that time, New York Life (NYL) Disability Insurance denied my long term disability claim (which apparently they deny a high percentage of people similar to me- only they know why they do this to so many- I have my own suspicions). I was in pain from my medical issues and so frustrated with NYL considering I had many bills coming due. I then decided to call Dell Disability Lawyers. One of their attorneys, Alex Palamara, spoke to me on the phone right then to hear and understand my story and then offer ways he could help. Long story short, within a few months of me returning back to work, he was able to persuade NYL to pay me my long term disability claim. He (and his kind assistant, Tabitha) were always very helpful, informative, and available to me. I feel quite certain that NYL would NEVER have paid me what was appropriate based on my insurance agreement/ contract with them without the help of Alex. I highly recommend him/Dell Disability Lawyers. If you find yourself in a similar situation of disability insurance denial of your own personal/group policy, especially if you are a medical provider/physician like me, then consider contacting them for advice/direction PRIOR to appealing your claim on your own.

Kyle D.

Jay Symonds and his assistant, Sonia helped me tremendously. The insurance company that worked for my former employer did everything they could to make my life literally miserable. That all changed when I hired Jay. He and Sonia fought for my rights and forced the insurance company to pay what they should have.

If you have a disability claim hire Jay as if you go it alone the insurance company will screw you. Jay and Sonia will fight for everything you are entitled for. I couldn’t recommend them more highly.

Frank R.

I cannot say enough positive things about my experience with Dell Disability Lawyers. Attorney Stephen Jessup and Amanda offered an opportunity to provide clarity on a complex issue regarding my disability claim. Mr. Jessup offered advice on an offset to my claim after my insurance company asked for additional information from Social Security. With counsel from Mr. Jessup, I was able to address the outstanding issue with the Social Security office and provide my insurance company with the required documentation to address their concerns. Mr. Jessup always responded in a timely manner with expert advice and offered the opportunity for follow up. I strongly recommend Dell Disability Lawyers to those seeking legal counsel for disability matters.

Wesley D.

I have been able to help others as a soldier, a police officer, and a pharmacist. I needed help forcing the insurance company to keep their commitment to take care of me and my family. I called Dell. Alex, Tabitha, and their entire team were very compassionate, extremely patient, and extraordinarily knowledgeable. Many thanks Dell!

Samar A.

My husband had applied for Long Term Disability and was denied. We sought out Rachel Alters at Dell Disability Lawyers to help us with our appeal. Rachel and her team were so diligent and meticulous in every aspect of the process. The process was seamless, and we never had any doubts that she would get it done and that she did! We are forever grateful to Rachel and Catherine for all of their determination and tenacity to get us the outcome we needed and deserved.

We could not recommend better representation and are indebted to them for making us whole again. Thank you so much Rachel and team!

Jam

Alex Palamara is one of The Best lawyers in the world and Dell Disability Lawyers are the Best by Far. Alex and his Assistant Tabitha helped me get the compensation I needed for a Horrific Disabling heath condition I’ve been dealing with for over a year. Alex and his team were so professional and caring. They treated me like I was there own family. Alex Knowledge, Expertise and skills as a Lawyer is among the Best of the Best in his field and I would HIGHLY recommend that if you ever have any issues with any Insurance Company over your Disability issues, please don’t hesitate to seek out Dell Disability and Alex Palamara. They truly are Amazing and caring. Thank God for them. Outstanding Job Alex and Tabitha

G.T.

9 years ago when I had to apply for disability benefits from my private disability policy the insurance company ignored my inquiries until Dell and Schaefer represented me and I have received the benefits without interruption til my policy expired at age 65. I have appreciated not having to deal directly with the insurance company and having attorney Greg Dell and assistant Danielle Lauria handle all communications which included monthly progress reports. I thank them for their efforts on my behalf and highly recommend them to all those in need of disability benefits.

Misty A.

I’m so thankful I chose to reach out to the attorneys at Dell. They have always been quick to respond to any and all questions I have had. The anxiety I had while dealing with Lincoln Financial on my own has decreased immensely since Alex and Danielle took my case. They were able to get my LTD denial reversed and I am so very grateful!

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Question

Can I claim a permanent disability to avoid a surgery that requires several months of down time without promising results?

Answer

Resources to Help You Win Disability Benefits

Submit a Strong Guardian Appeal Package

Sue Guardian

Get Your Guardian Disability Application Approved

Prevent a Guardian Disability Benefit Denial

Negotiate a Guardian Lump-Sum Settlement

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