Question

How long do I have to file my Guardian disability appeal?

Asked on June 25th 2020 by Jennifer A.
My long term disability was cut off in March. Am I still able to file an appeal?

Answer

Answered on June 25th 2020 by Attorney Stephen Jessup

Jennifer, if you have an employer provided policy you will have up to 180 days to file the appeal. If you would like to discuss the denial please feel free to contact our office.

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Guardian Reviews
(17)

Policy Holder Rating

1.6 out of 5
Read 17 reviews
0%would recommend
5
0%
4
0%
3
0%
2
58%
1
41%
Timely Payments
1.9out of 5
Handling Claim
2.4out of 5
Customer Service
1.9out of 5
Dependable
2.2out of 5
Value
1.9out of 5
Showing 8 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 ... read more >
Reply
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 d... read more >

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 ... read more >
Reply
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... read more >

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 ... read more >
Reply
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... read more >
Reply
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.

Guardian

Guardian cancelled my husband's claim without checking his medical records. Do better. We have children to feed and bills to pay.

Reviewed by Blanca D. on March 17th 2017   Verified Policyholder
My husband was disagnosed with a long term debility in October 2016. In March 2017, Guardian sent him a form that said his doctor saw him on march 3, 2017 and cleared hi... read more >
Reply
Sent on March 17th 2017 by Attorney Stephen Jessup

Blanca, if your husband’s claim has been denied he will need to go through the administrative appeal process. Please feel free to contact our office to discuss his cl... read more >

Guardian

Guardian has built-in denial for self-employed individuals

Reviewed by Vinny G. on January 23rd 2017   Verified Policyholder
I have had a non employer Guardian LTD policy since 1991. It is for full disability. I have never had a need for it. Now that I do, I am finding they are doing all they ca... read more >
Reply
Sent on January 23rd 2017 by Attorney Cesar Gavidia

Vinny, we would need to review your policy and all the correspondence from Guardian to determine how we may be able to assist you. Please feel free to contact our offic... read more >

Guardian

Guardian has the least helpful folks I have ever met

Reviewed by Jaye W. on December 7th 2016   Verified Policyholder
Trying to get my husband’s short term debility started after a heart attack. I don’t understand their process for collecting information and making a decision about hi... read more >
Reply
Sent on December 7th 2016 by Attorney Stephen Jessup

Jaye, please feel free to contact our office to discuss your husband’s claim.

Guardian

If you work for a company who offers Guardian, tell them NO and get a non ERISA provider. Guardian lied about my options and then tried to tell me I'm not disabled

Reviewed by Bill on July 11th 2016   Verified Policyholder
I have been disabled for 15 years or so… The Guardian compelled me to apply for SSDI benefits to offset Guardian liability.. The Guardian even retained the atty… I won... read more >
Reply
Sent on July 11th 2016 by Attorney Gregory Dell

Bill, have you appealed the denial? Please contact our office to discuss your denial and to determine how we may be able to assist you.

Answered Questions by Our Lawyers
(24)
Showing 8 of 24 Answered Questions

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. Read More >

Q: How Does Guardian Calcualutate my Long Term Disability Benefit?

Answered on June 29th 2020 by Attorney Cesar Gavidia
A: Christopher, you should request a detailed explanation and calculation of your long-term disability benefit fr... Read More >

Q: How long do I have to file my Guardian disability appeal?

Answered on June 25th 2020 by Attorney Stephen Jessup
A: Jennifer, if you have an employer provided policy you will have up to 180 days to file the appeal. If you woul... Read More >

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

Answered on September 14th 2019 by Attorney Jay Symonds
A: Lia, each claim depends on the specific facts and circumstances of the case in conjunction with the specific t... Read More >

Q: Do I still need to fill out Guardian claim forms if I am eligible for Presumptive Total Disability?

Answered on June 25th 2019 by Attorney Cesar Gavidia
A: Kate, it is common for benefit checks to be accompanied with claim forms as a matter of course. You can make i... Read More >

Q: Can Guardian make me file taxes on a non-taxable insurance?

Answered on August 9th 2018 by Attorney Gregory Dell
A: Dan, Guardian cannot make you file taxes. Only a tax professional can determine whether your benefits are taxa... Read More >

Q: Does Guardian reduce the qualifying income when an STD becomes a LTD?

Answered on April 24th 2028 by Attorney Alex Palamara
A: John, the document you are describing might not actually be the Long Term Disability Insurance Policy. The 270... Read More >
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Guardian Disability Benefit Claim Handling Tips

When you finally receive a letter from Guardian Disability informing you that your claim for long term disability benefits has been approved, it can be easy to assume it's smooth sailing from here on out. Unfortunately, approval isn't the end of the story - and if the claimant doesn't maintain the medical records and other evidence to support their continued rec... Read More >

Is Your Disability Insurance Claim a Physical or Mental Disability Condition?

Almost every Group (ERISA) Long Term Disability Benefit Plan contains a provision which limits the length of time disability benefits will be paid for a mental/nervous or mental health condition. If a disability results from a mental health condition, benefits are typically limited to 24 months and can even be limited to just 12 months. For this reason, disability insurance companies go to extra lengths to att... Read More >

Why Must Your Disability Insurance Lawyer Understand Your Disabling Condition?

When it comes to securing your disability insurance benefits, it's vitally important that your disability insurance lawyer thoroughly understands the symptoms and impact of your disabling condition. Doctors can help you create strong medical records, but they're not accustomed to dealing with the rigorous documentation disability insurance companies require. Lea... Read More >

Disability Benefit Denial Reason #5 – Your Medical Evidence is Weak

If you're seeking long term disability benefits from an insurance company, you may be concerned that you're facing an uphill battle. Fortunately, the stronger your medical evidence, the greater the odds that your claim will be approved. On the other side of the coin, one of the most common reasons for denial of long term disability benefits involves too-weak med... Read More >

Disability Benefit Denial Reason #4 - Your Doctor Is Misled By the Disability Company

When you're seeking disability insurance benefits, your medical records and treating physician's statement are two of the most important components of your claim. But because the insurance company has a vested interest in denying your disability insurance claim, it often will rely on tactics like ambushing your doctor with a phone call in an attempt to get them ... Read More >

Disability Benefit Denial Reason #3 - Video & Social Media Surveillance

One thing many disability insurance claimants don't know about (or expect) from the claims review process involves video and social media surveillance. Disability insurance carriers often hire people to follow claimants around with a telephoto lens - or even send social media friend requests from fake accounts - to glean whatever information they can about the c... Read More >

How Do You Fight a Long-Term Disability Denial?

Getting a denial letter from your disability insurance company is one of the ultimate insults. You are sick and not able to work, yet your disability insurance company is telling you to return to work. The disability insurance company has denied your disability benefit claim and is basically calling you a liar. When receiving a disability denial letter or a ph... Read More >

Disability Denial Reason #2 - Change of Disability Definition & Vocational Review

One of the top reasons for terminating a claimant's long term disability benefits involves the change in the disability insurance policy's definition of "disability." This definition change often happens in conjunction with a vocational review, or an analysis of a claimant's medical records that tells the insurance company which jobs the claimant should be able ... Read More >
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Seven Surgeries and The Standard Still Denies Disability Insurance Benefits

Our client was employed with the State of Oregon as a Technical Support Representative. She sought disability through her employer provider LTD Policy with Standard due to low back, hip, and lower extremity pain. She had two hip, two knee and three back surgeries.After paying her for 1.5 years Standard hired a board-certified neurologist to perform a review ... Read More >

Sun Life Wrongfully Denies Disability After Paying For 23 Months

We represent a 57 year-old claimant who’s occupation was selling commercial vehicles for many years.  Her job was very physical as it required her to climb in and out of semi-trucks multiple times a day as well as operate them which was very strenuous. She went out of work in due to ongoing and severe debilitating right hip, low back, and bilateral knee pain... Read More >

Nurse Denied Long-term Disability Benefits by Lincoln After the Definition of Disability Changed

Our client, a registered nurse for Dignity Health, found herself in a difficult situation after being diagnosed with lumbar spondylosis and left knee arthritis. She continued to work, however, struggled while attempting to work through chronic lower back pain and left lower extremity radicular symptoms on a daily basis. Sadly, her condition failed to improve and... Read More >

Lincoln Reverses Decision to Terminate LTD Benefits of Corporate Attorney after Dell Disability Lawyers Appeals the Decision

The claimant is an 64 year old former Corporate Attorney and at a prominent Florida business law firm who was forced to cease working in his highly successful and rewarding profession, job, and career on January 27, 2021, and to seek disability compensation under his policies with Lincoln due to severe symptomatology stemming from or following a viral COVID-19 i... Read More >

Transportation Manager with Brain Injury Wins Unum Disability Benefit Appeal

Unum unjustly terminated our client’s disability insurance claim after it had approved and accepted liability for six months. Unum unreasonably concluded, without any evidence of improvement, that the claimant had resumed the sustained work capacity to perform the material and substantial duties of her high level occupation as a Transportation Division Manage... Read More >

Prudential reverses decision to terminate LTD benefits of MRI Tech with Primary Progressive Multiple Sclerosis and degenerative Disc Disease

The claimant is a 58-year-old former MRI Technologist for Fairview Health Services who has long suffered from the debilitating effects of her chronic medical conditions. She has a history of neck pain as well as right arm pain and numbness dating back to 2005 with a reoccurrence of severe symptomatology in 2013. MRI of her cervical spine performed in August of ... Read More >

Engineer With Depression Wins Prudential LTD Appeal

The claimant is a former Senior Technology Services Engineer for Accolade, Inc. who was forced to cease working on May 25, 2021 and to apply for disability insurance benefits under his policy with Prudential because of severe symptomatology related to depression and anxiety. Prudential initially approved his claim for LTD benefits as his symptoms were demonstrat... Read More >

New York Life Approves Disability Benefits for School Teacher With Multiple Sclerosis

Our client, a former elementary school teacher suffering from Multiple Sclerosis, contacted our office after New York Life terminated her claim for short term disability benefits and spoke with Attorney Stephen Jessup. New York Life had initially approved her claim for short term disability benefits, but in doing so awarded benefits only on account of a mental health condition, even though our client had filed... Read More >
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Showing 8 of 765 Lawsuit Stories

Do Not Sleep on Your Rights to Disability Benefits

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... Read More >

Medical Doctor sues Guardian / Berkshire for $1.2 million dollars following denial of disability insurance benefits

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 ... Read More >

Guardian Life Insurance seeks overpayment of disability benefits for child social security disability benefits awarded to disabled claimant's daughter

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, ... Read More >

Doctor files a disability insurance lawsuit against Guardian Life Insurance

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... Read More >

Guardian disability insurance denial is upheld by Ohio Federal Court & Sixth Circuit Court of Appeals

A Federal Court of Appeals recently upheld Guardian's decision to terminate long-term disability payments to an executive after four years. In Schwalm v. Guardian, the Court found that Guardian's decision was supported by substantial evidence and was not arbitrary and capricious. Such evidence included that fact that during the final two years he was receiving disability benefits, Schwalm had been working upwa... Read More >

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 sell... Read More >

Reliance Standard Disability Denial Upheld Due to Claimant's Lack of Strong Medical Record Support

In the case of Amy Wright v. Reliance Standard Life Insurance Company (Reliance), Plaintiff was the vice-president of health information services at Integrity Health Care when she stopped working on August 7, 2017. She brought claims for benefits under an LTD insurance policy and a waiver of premiums under a life insurance policy.In order to be approved for LTD benefits, Plaintiff ... Read More >

Unum Wrongfully Terminated Disabled Lawyer’s Disability Claim of Depression and Anxiety Despite Improvement in His Condition

This Unum lawsuit and appeal in federal court is a great victory for all Unum disability claimants. This case supports all claimants that are disabled and claim that they cannot return to work as the requirements of their job will aggravate their symptoms and make them unable to work.Mark was a personal injury litigation attorney, when he began struggling with symptoms of... Read More >

Reviews from Our Clients

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5 Ways We Help Get Your Benefits Paid

Get Your Disability Application Approved

Our goal is to get your application for disability insurance benefits approved. Applying for disability insurance benefits can be a difficult process and the information you provide is critical. Most disability insurance companies look at your application in hopes of finding a reason to deny your claim. Your disability company will ask you to complete numerous forms, interview you, request lots of information, speak with your doctors and possibly request to have you examined by their hired gun doctor.

Through our experience of having helped thousands of disability insurance claimants, our disability insurance lawyers will guide you through the entire application process and give you the best chance to get your disability claim approved the first time.

Submit A Strong Appeal Package

If your disability insurance benefits have been wrongfully denied, then our disability insurance lawyers know exactly what it takes to get your disability claim approved. You only get once chance to submit an Appeal, therefore every piece of evidence that will support your disability claim must be included. The goal is to win your disability benefits at the Appeal level, but while preparing your Appeal you must consider how a federal judge will review your disability claim if your benefit denial is upheld.

Preparing a strong disability appeal package is an art that requires you to understand how the courts interpret your disability policy language, ERISA regulations / laws, and how to strategically present evidence in support of your definition of disability. We encourage you to contact any of our long-term disability attorneys for a free immediate review of your disability denial.

Sue Your Disability Company

98% of the disability insurance lawsuits filed by our law firm have resulted in either the payment of benefits or a lump-sum settlement agreement. Our disability insurance attorneys have filed ERISA governed and private policy long term disability insurance lawsuits against every major disability insurance company in state and federal courts nationwide and we love fighting for the little guy against the multi-billion dollar insurance company giants.

We have recovered hundreds of millions of dollars for our clients and we would like the opportunity to provide you with a free review of your disability benefit denial. There are many complex factors in a disability benefit lawsuit and the legal battle to win long term disability benefits can be fierce.

Prevent A Disability Benefit Denial

Approval of long-term disability is a continuous process as every disability insurance company will evaluate your eligibility for benefits on a monthly basis. You can never let your guard down and assume that your disability company will continue to pay your benefits for as long as you think you need them.

Our disability insurance law firm offers a reasonable flat fee monthly claim handling service in which we handle every aspect of your long-term disability claim and do whatever it takes to make sure you are paid every month.

Negotiate a Lump-Sum Settlement

Let's discuss if a lump-sum settlement or buyout of your disability insurance claim is both available and makes financial sense for you. Our disability insurance lawyers have negotiated more than five-hundred million dollars in disability insurance buyouts and we know how to get you a maximum settlement. A disability insurance company is not required to offer a buyout and not every disability company offers them.

Questions About Hiring Us

Who are Dell Disability Lawyers?

We are disability insurance attorneys that know how to get your short or long term disability benefits paid. As a nationwide law firm we have helped thousands of disability insurance claimants throughout the United States to collect hundreds of millions of dollars of disability insurance benefits from every major disability insurance company.

Our attorneys have been able to either get our clients paid monthly disability benefits or obtain a one-time lump-sum settlement in more than 98% of our cases. Our disability insurance lawyers have seen it all when it comes to disability insurance claims and we know exactly what it takes for your disability claim to be approved.

We offer disability insurance attorney representation nationwide and we welcome you to contact any of our LTD lawyers for a free immediate review of your disability claim. We also invite you to visit and subscribe to our YouTube channel where we have more than 900 videos and regularly provide tips to help protect your disability benefits.

Who do you help?

Our disability insurance attorneys help individuals that have either purchased a long term disability insurance policy from an insurance company or obtained short or long term disability insurance coverage as a benefit from their employer. We have helped individuals in almost every type of occupation with monthly disability benefit payments ranging from $1,500 to $50,000.

Our clients include all types of employees ranging from retail associates, sales representatives, government employees, police officers, teachers, janitors, nurses, pilots, truck drivers, financial advisors, doctors, dentists, veterinarians, lawyers, consultants, IT professionals, engineers, professional athletes, business owners, and high level executives.

A strong understanding and presentation of the duties of your occupation is essential for securing disability insurance benefits.

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 insurance 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 phone, email, fax, or video conferencing sessions. 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 insurance attorney. We can be reached at 800-698-9159 or by email. Lawyers 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.

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