Our client, a 48 year old dentist, began to experience difficulty performing the substantial and material duties of his occupation as a result of anxiety and neck pain. Our client contacted our firm in order to assist him with his application for long-term disability benefits. At the time we were contacted, our client was having difficulty performing his duties as a dentist on a full time basis and was unsure of his rights under his long-term disability policy.
We advised the client that he may be able to cut back his work significantly and collect either the full or partial amount of his monthly long-term disability benefit. We also advised the client that he may have the option to hire another doctor to treat the patients and he could collect his long-term disability benefit while managing the practice.
In order to evaluate our client’s eligibility for either total disability or residual/partial disability we advised the client that we would need to complete the following actions in order to reasonably determine the likelihood of being approved for long-term disability:
- review of the long-term disability policy sold to our client and the application that was completed at the time the policy was purchased
- review of medical records and diagnostic test results from all treating physicians
- review of medical records from all doctors the client treated with in the past 5 years
- conference with treating physicians to discuss how client’s medical condition either prevents or limits our client’s ability to perform the duties of his occupation
- review of client’s ADA monthly and annual procedure codes for the 2 years prior to the date of disability
- review of client’s monthly and annual profit and loss statements for the 2 years prior to date of disability
- review of corporate and personal tax returns for the 5 years prior to date of disability
- copies of appointment/scheduling book for the 2 years prior to date of disability
- speak with co-workers and/or employees in order to verify our client’s material and substantial duties prior to date of disability
After completing our analysis of the above information and several phone conferences with our client, his treating physicians, and accountant, we were able to advise our client that he had a strong claim for residual/partial disability. We assisted our client with the completion of his application for disability benefits and within a few months our client was approved. We continue to represent our client on a ongoing basis with his submission of monthly claim forms, monthly profit and loss statements, and attending physician statements.