Frankel & Newfield, P.C.

We Have Recovered Over $100 Million In Claims For Our Clients

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November 2010 Archives

Successful Appeal of UnumProvident Termination of Long Term Disability Insurance Benefits for Surgeon

Our client is a vascular surgeon who suffers from numerous co-morbid conditions, including Chronic and Recurrent Alcoholism, Hepatitis C, Fatigue, Diabetes, Hemochromatosis, Hyperparathyroidism, Lumbosacral Disc Herniations, Degenerative Disc Disease, Facet arthropathy, Foraminal Stenosis, Chronic Pain, Depression, and Anxiety. He was unable to complete all the material and substantial duties of his job as a vascular surgeon within the course of a normal workday. He had filed for and was receiving residual disability benefits for several years when Unum terminated our client's benefits.

Disability Insurance Lump Sum Settlement - Taxable or Not?

Many claimants are presented with offers to resolve pending disability insurance claims in exchange for a lump sum settlement with their disability insurance company. An important question in determining whether a claimant can even consider pursuing this option, which is a very personal choice for each claimant, and largely based upon numerous factors, is whether the benefit payment to be paid as a lump sum will be taxable or whether it will be a tax free payment.


Despite our success in reversing a denied claim for a client suffering from alcoholism and anxiety, the insurance company balked at sending benefit checks. The appeal was granted in June, but up until early November, the insurance company had only paid a portion of our client's long overdue benefits.

Own Occupation Policies for Professionals

Think of an "own occ," or "own occupation" policy as a long term disability insurance policy that insures not you the individual, but your occupation. If you are surgeon, the LTD policy is insuring your ability to perform as a surgeon. Not as an office manager, not as a medical sales person: a surgeon. And if you are a specialist, then your insurance policy is insuring your ability to perform the specific tasks of that practice. An orthopedic surgeon performs tasks that are markedly different than a neurosurgeon or a vascular surgeon.

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