Berkshire Long-Term Disability Denial

If Berkshire wrongfully denied your long-term disability benefits, you’re not alone. The company has faced many allegations of unfair claim denials — but you can file an appeal or a lawsuit to seek the benefits you’re owed.

At Sokolove Law, we’ll fight hard for the compensation you deserve. Call (800) 995-1212 now to get started with a free case review.

Get a Free Case Review

Berkshire Life Disability Denials & Unfair Practices

Insurance companies like Berkshire exist to generate profits for their executives and shareholders. This wealth may be generated at the expense of policyholders through long-term disability (LTD) insurance denials.

Berkshire has a legal obligation to honor the terms of their insurance policies. When they deny a legitimate claim, they may be acting in bad faith.

Find out more about Berkshire disability denials: 

  • Berkshire Life Insurance Company of America began in 1851 and later merged with Guardian Life Insurance Company in 2001. Over the years, the company has faced multiple lawsuits involving unfair claim denials.
  • In Shapiro v. Berkshire Life Ins. Co., Berkshire denied LTD benefits to a dentist who could no longer treat patients due to progressive skeletal conditions, arguing that he could still perform administrative tasks. The court rejected this reasoning and affirmed that Shapiro’s primary occupation was dentistry, entitling him to total disability benefits.
  • In Adelberg v. Berkshire Life Ins. Co., a salesman was forced to stop working due to a knee injury. Berkshire initially approved his benefits, but later terminated them when he got another job. The court ruled that he remained entitled to benefits, as his policy covered his ability to work in the job he held when the insurance was issued.
  • A jury awarded Adelberg $224,226 for retroactive benefits, prejudgment interest, and rebated premiums.

If Berkshire wrongfully denied your disability claim, you have the right to file an appeal. If your appeal is unsuccessful, you may be able to file a Berkshire lawsuit.

Berkshire has a powerful legal team defending their interests, but our experienced long-term disability attorneys can help to level the playing field and fight to overturn wrongful denials.

At Sokolove Law, we’ve secured over $143 Million for families affected by wrongful denials. If Berkshire denied your claim, contact us now to see if we may be able to seek the benefits you’re owed.

Why Is Berkshire Not Paying Disability Claims?

In some cases, there are valid reasons why a disability claim might be denied, like missing information. However, Berkshire claim denials may be unjust, leaving you without the benefits you're entitled to.

Berkshire may deny your long-term disability benefits by arguing that:

  • You failed to disclose a pre-existing health condition
  • Your medical examinations were inadequate or inconclusive
  • There were problems with your paperwork or documentation
  • Your medical condition doesn’t prevent you from performing your duties at work
  • Your condition doesn’t meet the policy’s specific definition of a covered disability

A denial is not final. If your Berkshire long-term disability claim or appeal was denied, you may still have legal rights and options to secure the compensation you need.

Our Berkshire disability benefit lawyers can help you gather the evidence needed to build a strong appeal and potentially reverse the insurer’s decision.

“Thanks to Sokolove Law, we won the battle against my insurance company. Now, I have the support and financial security I need to focus on my health and well-being. I’m grateful for their help and would recommend them to anyone facing a similar struggle.”
– Engineer with a Denied Disability Claim

How to Appeal a Berkshire Disability Denial

Appealing a Berkshire disability denial can be difficult to do on your own, especially when you know companies like Berkshire may be looking for any reason to deny your claim for benefits.

Our LTD attorneys may be able to help you file a Berkshire appeal by:

  • Reviewing your denial letter to understand the specific reasons Berkshire cited for denying your claim
  • Gathering additional evidence, like updated medical records or documentation, to strengthen your case
  • Preparing and submitting all necessary paperwork to Berkshire on your behalf
  • Communicating with the insurer to clarify requests, address procedural issues, and advocate for approval
  • Requesting a second appeal if your initial Berkshire appeal is denied

“We can help navigate the complex appeal process and work to minimize any disruptions to your life while maximizing the amount of potential disability pay in your case.”
– Ricky LeBlanc, Managing Attorney at Sokolove Law

After you’ve gone through the appeals process, your legal team may submit a complaint with your state’s Insurance Department to lay the groundwork for a Berkshire lawsuit.

Our attorneys can handle every step of the legal process on your behalf — at no out-of-pocket cost to you.

Call (800) 995-1212 now to find out more about your options after a Berkshire claim denial. It costs nothing to speak with us.

Berkshire Lawsuit for Denied Disability Claims

Once you’ve exhausted the long-term disability denial appeals process, your attorney may be able to file a Berkshire lawsuit on your behalf.

Filing a Berkshire lawsuit generally involves preparing a detailed complaint, collecting evidence that shows you’re unable to work due to your disability, and outlining why your insurer wrongfully denied your benefits.

Throughout this process, we’ll work to negotiate Berkshire Life settlements on your behalf. If a settlement is unable to be reached, we’re prepared to argue your case in court and pursue compensation from a trial verdict.

A successful Berkshire lawsuit could result in back pay for past-due benefits, reinstatement of your monthly payments, and, in some cases, additional damages if your insurer is found to have acted in bad faith.

By working with Sokolove Law, you can even the playing field and put pressure on Berkshire to pay you what you’re owed, whether in the form of benefits, a Berkshire lawsuit settlement, or a trial verdict.

Don't Take No for an Answer

We’ve recovered over $143 Million for clients with denied disability claims. Let us get you the money you deserve.

Get a Free Case Review

Why Choose Our Berkshire Guardian Appeal Lawyers?

At Sokolove Law, our Berkshire Guardian appeal lawyers are committed to seeking justice for those who were wrongfully denied the benefits they deserve.

We can handle the process of filing a Berkshire appeal or lawsuit for you, so you can focus on your health and well-being.

Find out why clients trust our Berkshire disability lawyers:

  • Over 45 years of experience standing up to powerful insurance companies
  • No upfront costs or hourly fees
  • Positive reviews from past clients
  • Able to help families in all 50 states
  • More than $143 Million recovered in wrongfully denied LTD benefits

We’re here to listen to your situation, clarify your insurance policy, and fight to protect your legal rights.

Do I Need a Lawyer for a Berkshire Disability Appeal?

Working with a lawyer to file your Berkshire disability appeal may increase your chances of securing compensation for medical bills and other expenses while you’re unable to work.

A Berkshire disability attorney can help you by: 

  • Evening the Playing Field: By partnering with a national law firm like Sokolove Law, you’ll gain access to the resources needed to stand up to Berkshire and ensure your case is taken seriously.
  • Filing an Undeniable Appeal: We’ll gather additional evidence, like updated test results, statements from coworkers, and reports from physicians, to build a strong appeal on your behalf.
  • Improving Your Chances of Success: With an experienced attorney on your side, you can get help identifying errors in the insurer’s review, correct misrepresented job duties, and challenge inaccurate conclusions to maximize your likelihood of approval.

At Sokolove Law, we’ve successfully helped clients recover denied benefits for over 45 years. We know the tricks these companies use and how to combat them.

Get Help Fighting a Berkshire Disability Denial

Navigating a Berkshire disability denial can be complicated, stressful, and time-consuming — but you don’t have to do it on your own.

Our Berkshire appeal attorneys are here to help you understand the fine print of your policy, identify any errors in the insurer’s decision, and collect the evidence needed to file a strong appeal on your behalf.

There is no financial risk when you work with Sokolove Law. We only get paid if we secure compensation on your behalf.

Our team understands how important these benefits are for you and your family, which is why we’ll work to get your claim reviewed and resolved as quickly as possible.

Call (800) 995-1212 now or fill out our contact form to get started with a free, no-obligation case review.

Berkshire Life Disability Denial FAQs

Does Berkshire deny long-term disability claims?

Yes. Multiple lawsuits have been filed against insurance providers like Berkshire for wrongfully denying long-term disability claims.

Berkshire lawsuits for denied disability benefits include: 

  • Adelberg v. Berkshire Life Insurance Company: A yacht salesman with a knee injury was denied disability benefits. He filed a Berkshire lawsuit and was awarded $224,226.
  • Garcia v. Berkshire Life Insurance Company: A real estate CEO with post-traumatic stress disorder (PTSD), a chronic sleep disorder, and cognitive impairments from a car accident took legal action after Berkshire suspended her LTD payments.
  • Martin v. Berkshire Life Insurance Company: A neurosurgeon in New York applied for long-term disability benefits after developing two neurological disorders, but Berkshire denied his claim.
  • McLaughlin v. Berkshire Life Insurance Company: A chiropractor with thumb pain due to basal joint arthritis filed a lawsuit against Berkshire after his LTD claim was denied.
  • Shapiro v. Berkshire Life Insurance Company: A New York dentist with progressive skeletal conditions was denied LTD benefits. He filed a lawsuit against Berkshire to secure the benefits he was owed.

If your LTD claim was denied, our Berkshire denial lawyers may be able to help you appeal their decision. Get started now with a free case review.

What should I do if Berkshire denied my claim?

If Berkshire denied your LTD claim, reach out to a long-term disability denial attorney for help filing an appeal or lawsuit and potentially recovering the benefits you deserve.

With experienced legal help on your side, you can focus on your health and recovery while we focus on the appeals process.

Can I file a Berkshire lawsuit for long-term disability denial?

In some cases, yes. If Berkshire denied your long-term disability claim and you’ve already gone through the appeals process, you may be able to file a lawsuit against Berkshire for disability denial.

Call (800) 995-1212 now to find out if you may be eligible to take legal action following your claim denial.

Does ERISA apply to Berkshire long-term disability claims?

Yes. Most long-term disability claims administered by Berkshire are governed by ERISA, or the Employee Retirement Income Security Act.

ERISA sets the rules for how disability claims and appeals must be handled, including deadlines, documentation requirements, and your right to a full review of a denied claim.

Despite the protections established by ERISA, insurance companies like Berkshire may still wrongfully deny LTD claims. However, our Berkshire ERISA attorneys may be able to help you fight back.

How much does a Berkshire attorney for denied disability cost?

At Sokolove Law, there are no upfront costs or hourly fees to work with our Berkshire attorneys. We operate on a contingency-fee basis, which means you pay nothing unless we secure compensation for your family.

  1. Guardian. “Guardian’s history.” Retrieved from: https://www.guardianlife.com/about-guardian/history.
  2. United Policyholders. “Shapiro v. Berkshire Life Insurance Company.” Retrieved from: https://uphelp.org/wp-content/uploads/2020/08/Shapiro-vs.-Berkshire-Life-Ins.-Co.-Brief.pdf.
  3. VLex. “Adelberg v. Berkshire Life Ins. Co.” Retrieved from: https://case-law.vlex.com/vid/adelberg-v-berkshire-life-892703075.