Dentist with Own Occupation Policy Fights for LTD Benefits
Some long term disability benefits cases can get a little personal, but Dabdoub Law Firm always keeps things professional. When Reliance Standard refused to give our client — a dentist — his LTD benefits from his own occupation policy, we took them to court. As we approached the situation with objective evidence that showed his chronic pain was causing him significant disability, the defense resorted to not much more than calling him a liar. With our tenacity and legal insight, we aptly showed the court the truth of the situation, and it ruled in our favor.
Details of the Dentist’s Own Occupation Policy Case
Our client had an own occupation policy from Reliance Standard. This policy was designed to give long term disability benefits if he was ever unable to continue regular work as part of her regular occupation, which is dentistry.
In 2012, he was involved in a car accident and suffered various injuries, including several to his neck, shoulders, and back, like herniated discs. He sought treatment and therapies from medical specialists, like chiropractors and orthopedists, to help with his chronic pain caused by the injuries. Given that he loved his work as a dentist, he returned to his dentistry office after some time, but the pain, numbness, and weakness did not go away.
Two separate doctors concluded about a year after his accident that he had reached maximum medical improvement (MMI), without drastic surgery that had a high likelihood of ineffectiveness. He kept trying to perform work as a dentist by fighting through the pain. However, after incidents where he had to stop in the middle of a dental procedure due to his pain, or other moments where he would be unable to even grasp a basic dental instrument, he sullenly resigned from his employer’s dental clinic and later filed for long term disability benefits through his own occupation policy from Reliance.
Reliance Calls Their Own Physician to Deny His Claim
As is typical in LTD claims, Reliance Standard responded to our client by bringing in their own medical examiner to conduct a physical evaluation of his symptoms. Reliance’s doctor decided that he was not disabled to any notable amount, which flew oppositely of the founded opinions of the independent medical providers who had treated him beforehand. This doctor also claimed our client’s pain was merely “subjective,” and implied that he allowed himself to feel the pain and feel disabled. Based almost entirely on this doctor’s evaluation, Reliance denied the claim.
In an appeal, our client brought forth more medical evidence of his disability, as well as testimonies from fellow dental professionals who saw firsthand his health in decline. Despite the buildup of evidence that showed he earnestly required LTD benefits, the insurance company denied the appeal and said there was no objective evidence presented. At this point, our team at Dabdoub Law Firm had to take this matter to court to set things right.
Defense Falls Apart in the Courtroom
Dabdoub Law Firm has been standing up for the rights of the injured for years. We have gone toe-to-toe with every major insurance company in the country with resounding success. It might be that the defense attorneys for Reliance Standard were simply unprepared to go up against a team of our caliber in this case.
When it boiled down to the facts presented by the defense, there effectively were none, other than a questionable medical evaluation from a hired physician. As we pressed forward to show that our client — the dentist who loved his job and did not want to stop but had to stop due to chronic pain — was indeed disabled and deserving of LTD benefits, the defense did not do much to counter us. Unfortunately, the defense mainly relied on disrespectful accusations that our client was a liar.
The court recognized the defense’s main tactic to attack our client’s character. This ineffective strategy against our objective evidence of disability rightly and quickly brought the court to rule in favor of our client. Reliance has been ordered to determine the amount of damages owed to our client for previously denied benefits, and they are expected to continue to provide all future needed LTD benefits. If no fair amount of damages are offered, then we may need to move this case forward with a brief in pursuit of the correctly deserved amount.
Our Disability Lawyers Can Help You
As a law firm focused only on helping people get disability benefits from insurance companies, Dabdoub Law Firm has recovered millions of dollars in disability benefits for clients across the country. Our disability insurance lawyers have challenged every major insurance company when they have denied long-term disability benefits to our clients. Every lawyer focuses on disability insurance claims, appeals, and lawsuits, and nothing else.
With so much at stake, shouldn’t you have experienced disability lawyers on your side? Because federal law applies to most disability insurance claims, your disability lawyer does not have to be located in your state to help.
Call (800) 969-0488 to speak with a disability insurance lawyer.
Because each client’s case is unique and has different facts, results similar to those in other clients’ cases are not guaranteed.