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Medical Doctor sues Guardian / Berkshire Life Insurance Company Of America 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 America) had caused him and his business to suffer damages due to the Berkshire Life Insurance Company of America (Berkshire) wilful conduct in constructively denying the plaintiff’s disability claim benefits due under the insurance policies that he purchased and contracted from Berkshire.

The Facts Of The Case

The plaintiff in this case was a medical doctor who had purchased two policies from Berkshire under his capacity as an individual and under his capacity as CEO for his practice, the Laser & Cosmetic Dermatology S.C. on June 11th 2009. The policies promised to pay the plaintiff disability benefits if he became disabled under the terms of the policy as an individual and as the CEO of Laser & Cosmetic Dermatology S.C.

On August 2010, the plaintiff informed Berkshire that he was suffering from a medical disability resulting in him being unable to perform many of his occupational duties.

Repeated Demands for Documentation by Berkshire

The plaintiff alleged in the lawsuit that what followed after his claim for disability benefit was a year long obstacle ridden path in trying to collect his disability benefits from Berkshire. The plaintiff also alleged that although he provided Berkshire the requisite documentation, he was constantly being told that the documents needed to be supplemented. The plaintiff stated that on January 21, February 14 & March 11, 2011, formal requests were made to Berkshire asking them to act on his claim.

Nevertheless, on April 2011 another request for documents was made by Berkshire. This was followed with repeated telephone conversations and emails and cumulating with a letter from Berkshire dated June 9, 2011 stating that the documents submitted were still not satisfactory. As a result of Berkshire’s persistent demands for additional information, the plaintiff decided to file a lawsuit against Berkshire at the District court for Northern Illinois on June 28, 2011.

Alleged Legal Grounds for the Lawsuit Against Berkshire Life Insurance

The plaintiff alleged that Berkshire had breached the contracts of insurance between him and Berkshire through their failure to pay him disability benefits under the above mentioned policies. As a result of the breach of contract the plaintiff stated that he had to file for bankruptcy, suffered a loss of income, incurred debts and suffered emotional stress.

Relief Sought By The Plaintiff and his Attorney In The Lawsuit

Due to the actions of Berkshire, the plaintiff is seeking from the Court the following relief:

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Questions About Hiring Us

Do you help Berkshire claimants nationwide?

We represent Berkshire clients nationwide and we encourage you to contact us for a FREE immediate phone consultation with one of our experienced disability insurance attorneys.

Can you help with a Berkshire disability insurance policy?

Our disability insurance lawyers help policy holders seeking short or long term disability insurance benefits from Berkshire. We have helped thousands of disability insurance claimants nationwide with monthly disability benefits. With more than 40 years of disability insurance experience we have helped individuals in almost every occupation and we are familiar with the disability income policies offered by Berkshire.

How do you help Berkshire claimants?

Our lawyers help individuals that have either purchased a Berkshire long term disability insurance policy from an insurance company or obtained short or long term disability insurance coverage as a benefit from their employer.

Our experienced lawyers can assist with Berkshire:

  • ERISA and Non-ERISA Appeals of Disability Benefit Denials
  • ERISA and Non-ERISA Disability Benefit Lawsuits
  • Applying For Short or Long Term Disability Benefits
  • Daily Handling & Management of Your Disability Claim
  • Disability Insurance Lump-Sum Buyout or Settlement Negotiations

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 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 telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. 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 attorney. We can be reached at 800-682-8331 or by email. Lawyer 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.

Dell & Schaefer Client Reviews   *****


Working with Dell & Schaefer overall was a very pleasant experience. Once I contacted the firm and agreed to representation all of my worries and concerns were handled by the firm. I did not have to deal with the incompetent and deceitful tactics of my policy holders any longer. Dell & Schaefer handled everything; contacting my physicians and putting together all necessary documentation to appeal my denial. I was able to than concentrate on my health issues.

There was minimal contact between Dell & Schaefer and myself. I placed the case in their hands and waited patiently for them to fight for me. Within weeks of submitting my appeal the insurance carrier reversed their decision. Everyone at Dell & Schaefer are extremely professional and compassionate. Whenever I had questions and or concerns they always responded promptly, professionally and compassionately. I am very thankful I turned to Dell & Schaefer in my hour of distress and frustration. I will continue to retain their services to ensure my rightful benefits.

***** 5 stars based on 202 reviews

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