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Orthopedic Surgeon Approved for Long Term Disability Benefits by Guardian and Berkshire

Orthopedic Surgeon Approved for Long Term Disability Benefits by Guardian and Berkshire

Presented by Attorney Stephen Jessup

Stephen Jessup is a Partner at Dell Disability Lawyers whose practice focuses solely on representing disabled claimants, with a large percentage of his work dedicated to ERISA-based administrative appeals and litigation. A former Assistant Public Defender in Broward County who handled thousands of cases, Stephen has been instrumental in helping thousands of claimants recover long-term disability benefits. He has handled disability claims against every major disability insurance company and is a member of the American Bar Association's Health and Disability Insurance Law Committee.

Published Mar 16, 2023. Last modified Apr 7, 2023.

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Disability Benefit Denial Options

Submit a Strong Guardian Appeal Package

We work with you, your doctors, and other experts to submit a very strong Guardian appeal.

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Sue Guardian

We have filed thousands of disability denial lawsuits in federal Courts nationwide against Guardian.

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Get Your Guardian Disability Application Approved

We help claimants throughout the entire application process.

Apply for Guardian Disability Benefits

Prevent a Guardian Disability Benefit Denial

We manage every aspect of your disability claim following claim approval.

Monthly Handling of Your Guardian Disability Claim

Negotiate a Guardian Lump-Sum Settlement

Our goal is to negotiate the highest possible buyout of your long-term disability policy.

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Guardian Reviews

(17)

Policy Holder Rating

1.6 out of 5

Read 17 reviews

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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 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 ...

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 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 ...

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 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 ...

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...

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.

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Answered Questions by Our Lawyers

(26)

Showing 4 of 26 Answered Questions

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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Helpful Videos

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Disability Benefit Tips

(331)

Showing 4 of 331 Benefit Tips

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...

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...

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...

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...

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Our Resolved Cases

(387)

Showing 4 of 387 Our Resolved Cases

Paralegal Wins Principal Financial Disability Appeal

Principal Life Insurance Company terminated our client’s long-term disability benefits for POTS and dysautonomia at the 24-month mark on the strength of a paper review by an internal-medicine doctor and a handful of social media photos showing her on a hike. That was the “evidence” that overrode two years of paid benefits, a TPN line, and a multi-system au...

New York Life Wrongfully Denied Disability Benefits to Lockheed Martin Employee with Eye Disorders

New York Life paid our client's long-term disability benefits for two years — and the moment the policy definition shifted at the 24-month mark, the insurer cut her off. She had spent 38 years at Lockheed Martin Corporation as an Information System Security Officer in Georgia, doing work built on classified cybersecurity, technical guidelines, sustained computer use, and det...

Lincoln Financial Disability Denial Reversed For Project Manager With Cardiac Condition

Lincoln Financial terminated long-term disability benefits for a North Carolina Hitachi Energy project manager after more than three years of payments — cutting him off precisely when the policy definition shifted from own occupation to any occupation. Our client had suffered a heart attack, required coronary stent placement and a pericardial window procedure,...

Commercial Real Estate Agent with Lyme Wins Northwestern Mutual Appeal

Northwestern Mutual denied a self-employed Texas commercial real estate agent's long-term disability claim by farming his file out to four separate paper reviewers — and then denied it a second time after his treating doctors disagreed. None of those reviewers ever examined him. None of them treated Lyme disease.Our client had spent years building a succes...

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Disability Lawsuit Stories

(766)

Showing 4 of 766 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...

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 ...

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, ...

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...

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Reviews from Our Clients

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!

View All Reviews (503)

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Five Ways We Help Get Your Disability Benefit Paid

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.

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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.

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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.

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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.

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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.

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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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