Dr. Denis Montrose (52 year old, male, Dentist)
At age 52, Dr. Denis Montrose had a thriving dental
practice. He had noticed some mild tremors at age 50 and was diagnosed
with mild Parkinson's Disease a few months later. Such a devastating
diagnosis caused Dr. Montrose to worry about his future health and
livelihood, but he considered himself lucky because he had purchased
the best private disability policy available on the marketplace when
his kids entered school twenty years before.
By the time Denis
turned 52 he found that he just couldn't continue the heavy volume of
his practice, and he started to plan for the day when he would have to
stop working.
Parkinson's Disease
Denis knew what it was like to work with the symptoms of Parkinson's as
he had been doing that for a couple of years. Shortly after his 52nd
birthday, he found he just couldn't continue the daily physical demands
of his dental practice.
Claim Denied
Denis made a claim for Long Term Disability benefits from his
disability insurer under his private disability policy. The insurance
company argued that Denis had worked with Parkinson's and they did not
accept that his symptoms had worsened to the point that he was no
longer capable of carrying on his dental practice. His own doctors were
not absolutely clear about whether he could work with the level of his
Parkinson's disease and due to the lack of their explicit statements of
disability, the insurer felt they could comfortably deny his claim.
Denis soldiered on, attending his office and trying to provide
administrative duties at the very least with some assistance from young
dentists, so that his practice would not be totally lost, but his
involvement with patients was diminishing, and his symptoms were
worsening.
Help At Last
With declining income due to the increased expenses of continuing to
operate his practice, Denis felt that everything he had worked so hard
to establish was on the verge of being lost. Then he called David Share
Associates. When he learned that there would be no charge unless we
were successful, he was happy to find someone who could help without
putting him further into debt.
Early Mediation
On Denis's behalf, we sued the insurance company for all benefits owing
and for future benefits. In order to establish entitlement to benefits,
extensive medical records and further assessments had to be carried
out. It was also necessary to involve experts in accounting to
establish the impact of Denis's illness on his ability to sustain his
income as a dentist.
After this extensive review, and following the completion of
Examinations for Discovery, where both we and the insurance company's
lawyers asked extensive questions, it was agreed that it was in
everyone's interests to attend a mediation to see if a settlement could
be worked out.
Payment and Validation
When Denis attended at mediation, a lump-sum settlement was negotiated
in his favour. The negotiated amount allowed him to plan an orderly
departure from his practice and provided him with piece of mind for the
future so that he could consider some alternative careers that met with
his interests and more importantly would allow him to work at the pace
that his symptoms would permit.
The lump sum settlement represented a compromise for Denis and for the
Insurance Company, but it was a compromise for Denis that reflected his
needs both for the Benefits he deserved and for the desire to remove
the insurance company from his life, which only added to his stress and
diminished his quality of life.
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