When Berkshire/Guardian canceled a Texas man’s individual disability income (IDI) benefits, Attorney Geannina Burgos of Dabdoub Law Firm explained why the insurer had to promptly reverse the decision—or meet the law firm in court. Our reputation as legal champions for people in need of disability benefits precedes us, which might be part of the reason why Berkshire/Guardian decided to reinstate our client’s benefits without the need for litigation. Case victories like these are what motivate us to never back down and to continually improve our already impressive expertise in this area of the law. We see a victory for one client as a victory for honest workers everywhere.
Details of the Surgical Physician Assistant’s Case
Our client worked as a Surgical Physician Assistant for more than 10 years, with roughly half of his working hours spent in the surgical theater where he assisted with complex surgeries. During a surgical procedure in November 2023, the operating physician accidentally injured our client’s hand with a needle. The injury caused him to suffer a burning sensation in most of his fingers, which is often temporarily replaced with a loss of all sensation in control.
One doctor noted in his medical records that he “lacks sharp-dull discrimination, cannot sense temperature, and lacks sensory feedback to his 2nd and 3rd fingers,” as well as “an obvious lack of dexterity and precision” caused by the symptoms. As a Surgical Physician Assistant, our client needed dexterity and precision to complete at least half of his typical job duties.
Despite the painful and debilitating symptoms in his hand, our client wanted to keep working as a Surgical Physician Assistant. He attempted to keep working for about a month before he brokenheartedly accepted that the injury was permanent, incurable, and severe enough to prevent him from continuing with his career. At that point, he attempted to use his individual disability income benefits through Berkshire/Guardian, but he was denied.
Dabdoub Law Firm Succeeds Before Litigation Becomes Necessary
The stack of medical evidence about our client’s hand injury and the disabilities it causes is truly enormous. For Berkshire/Guardian to have concluded that he could continue to work as a Surgical Physician Assistant with severe hand debilitation is entirely unreasonable and unsafe. He would likely injure himself and a patient if he kept trying to work as his condition worsened.
At Dabdoub Law Firm, we always prepare for litigation while also trying to avoid it because an amicable agreement with the insurance company will get benefits to our clients much faster. We are pleased to announce that Attorney Burgos was able to confidently present a thorough and logical case as to why Berkshire/Guardian should approve our client’s disability claim and pay him the benefits he is retroactively owed. The promise of filing a lawsuit, backed by our highly experienced and resourceful team of trial attorneys, probably helped convince the insurer to do the right thing, too.
Lawyers with Expertise in Disability Insurance Claims
This law firm has always focused only on disability insurance law. Because we specialize in long-term disability, our clients get the benefit of:
- Having an attorney who is an expert in long-term disability claims;
- Having an attorney who has experience with every major disability insurance company; and
- Being backed by a law firm that has a proven track record of winning tough disability lawsuits.
Call the Dabdoub Law Firm to get experienced disability lawyers on your side. We can help with:
- Submitting a disability insurance claim;
- Appealing a long-term disability denial;
- Negotiating a lump-sum settlement; or
- Filing a lawsuit against your disability insurance company.
The firm represents clients nationwide with disability claims governed by federal law, even if we are not located in your state.
Call (800) 969-0488 or contact us online to speak with an experienced disability attorney. Pay no fees or costs unless you get paid.
