Georgia Disability Insurance Claims
We are a healthcare/professional disability insurance law firm with a national reputation for obtaining successful results for our clients. Our firm has represented physicians, dentists, lawyers, executives and other professionals throughout the country, with the goal of securing and protecting their entitlement to benefits on own-occupation disability insurance policies.
We consult with physicians, dentists, attorneys and business executives filing disability claims throughout Georgia, including the Atlanta, Augusta and Macon areas. If you’d like to discuss your particular claim with our attorneys, we are happy to set up a free consultation.
Below are some resources for policyholders filing disability insurance claims in Georgia. If you would like to learn more about the disability claim process or insurance bad faith in other states, please visit our homepage.
Does Georgia Recognize Insurance Bad Faith?
Georgia’s Supreme Court has recognized that “every contract implies a covenant of good faith and fair dealing which modifies and becomes part of the contract itself.” GEICO Indem. Co. v. Whiteside, 311 Ga. 346, 350-51, 857 S.E.2d 654, 660-62 (2021) (internal citations omitted).
Additionally, under Georgia statute “OCGA § 33-4-6, an insurer is subject to imposition of a penalty and attorney fees if it refuses in bad faith to pay a covered loss ‘within 60 days after a demand has been made by the holder of the policy.’” J. Smith Lanier & Co. v. Se. Forge, Inc., 280 Ga. 508, 510, 630 S.E.2d 404, 406-07 (2006) (internal citations omitted). However, bad faith claims “are available only as between insureds and their insurers” and in Georgia, in “insurer” is “defined by OCGA § 33-1-2(4) as ‘any person engaged as indemnitor, surety, or contractor who issues . . . contracts of insurance by whatever name called.’” Id.
The case excerpts above are not meant to be a comprehensive discussion of each state’s first-party bad faith or disability insurance law. They are merely meant to act as a resource/starting point for those interested in learning more about how insurance bad faith works in their state.
You should always speak with an attorney before making any legal arguments relating to your disability claim.
Notable Georgia Disability Insurance Cases
Sisung v. Unum Life Ins. Co., No. 1:20-cv-00497-WMR (11th Cir. June 1, 2022) (Georgia pharmacist became disabled due to a spine injury and ongoing neck and back pain that was severe enough to require radiofrequency ablation, in addition to physical therapy and pain medications; Unum improperly refused to factor in her cognitive deficits during “any occupation” period and failed to conduct an Independent Medical Examination).
Pomerance v. Berkshire Life Insurance Company of America, 654 S.E.2d. 638 (2007) (Georgia OB/GYN with a degenerative knee condition and could not stand for long periods of time filed for disability because he could no longer perform deliveries or hospital surgeries; Berkshire denied total disability benefits, arguing he was only partially disabled because he could still perform one of his “substantial” duties, namely office visits; the court determined that “substantial” meant “having the quantitative meaning of ‘considerable in quantity’ or ‘significantly great’ in amount” and remanded the case to the trial court to determine whether Dr. Pomerance met this definition).
Giddens v. Equitable Life Assurance Society of U.S., 445 F.3d 1286 (11th Cir. 2006) (Georgia dentist and real estate developer/investor with numerous health problems including cryogenic cirrhosis filed for disability; the court held that dentistry was not his “regular occupation” for purpose of definitional provision in disability policy but that uncontroverted medical evidence established he was unable to perform most of substantial and material duties of his regular occupation as a real estate developer).
Common Disability Claim Questions
What should I expect when filing a disability claim?
What issues am I most likely to face handling my disability insurance claim alone?
My disability claim was just denied. What should I do now?
What can my insurance company do when it is investigating my claim?
Do insurance companies conduct surveillance and, if so, when are they watching?
Why does my insurer want to conduct a field interview?
How can I tell if I have a true own-occupation policy?
What are the different types of disability policies?
Georgia Federal District Court Locations
Professional disability claims are often filed in, or removed to, Federal Court given the amounts in controversy. When we work with local counsel to be admitted pro hac vice, we identify the courthouse that is closest to you. Below is a list of the primary Federal Courthouses in Georgia, but there may be satellite courthouses that are closer to where you live.
Macon. 475 Mulberry Street, Macon, GA 31201.
Atlanta. Richard B. Russell Federal Building & United States Courthouse, 2211 United States Courthouse, 75 Ted Turner Drive, SW, Atlanta, GA 30303.
Augusta. 600 James Brown Boulevard, August, GA 30901.
Who Do Your Disability Insurance Attorneys Represent?
The lists below provide a representative overview of the types of professionals we represent, the disability companies we file claims with and litigate against, and a non-exhaustive list of some of the disabling conditions our prior clients have had.
Professionals
Anesthesiologists | Attorneys | Cardiologists | Chief Medical Directors | Chiropractors | Commercial Real Estate Brokers | Corporate Executives | Emergency Medicine | Endodontists | Gastroenterologists | General Dentists | Gynecologists | Internal Medicine | Neurologists | Neurosurgeons | Obstetricians | Ophthalmologists | Oral Surgeons | Orthodontists | Orthopedic Surgeons | Otolaryngologists | Physical Therapists | Podiatrists | Professional Athletes | Prosthodontists | Psychiatrists | Psychologists | Pulmonologists | Radiation Oncologists | Radiologists | Rheumatologists | Veterinarians
Physician Claims & Resources | Dentist Claims & Resources
Disability Insurance Companies
Aetna | AIG | Allstate | Anthem | American General | Ameritas | Berkshire Insurance Group | Boston Mutual | Cigna/LINA | Colonial Life | Connecticut General | Davies Life & Health/Disability Management Services, Inc. | Disability Reinsurance Management | First Unum | Fortis | Great West | Guardian Life | Hartford | Jefferson | John Hancock | Liberty Mutual | Lloyd’s of London | Mass Casualty | Mass Mutual | MetLife | Monarch | Mutual of Omaha | National Life of Vermont | New York Life | New England Life | Northwestern Mutual Life | Ohio National | Paul Revere | Penn Mutual | Phoenix Life Insurance | Principal Life | Provident | Prudential | Reassurance America | Reliance | Reliance Standard | Sedgwick | Standard | Sun Life | The Equitable Life | Transamerica | Trustmark | Trustmark Disability Advisors | Union Central | Unum | UnumProvident
Disabling Conditions
Aneurysms | Anxiety/Panic Attacks | Angina Pectoris/Ischemia | Arthritis (Osteo, Psoriatic, Rheumatoid) | Atrial Fibrillation (AF) | Autoimmune Disorders | Bipolar Disorder | Brachial Plexus Injuries | Bulging Discs (Cervical/Lumbar) | Bursitis | Cancer | Carpal Tunnel Syndrome (CTS) | Cervical/Neck Pain | Crohn’s Disease/IBD | Complex Regional Pain Syndrome | Congestive Heart Failure | Coronary Artery Disease | Deep Vein Thrombosis (DVT) | Degenerative Disc Disease (DDD) | Dislocated Elbow/Shoulder | Dislocated Hip/Hip Replacement | Epstein-Barr Virus (EBV) | Essential Tremors | Focal Dystonia | Ganglion Cysts | Glaucoma | Hand/Arm Pain – NOS | Head Trauma/Cognitive Difficulties | Hearing Loss | Herniated Discs (Cervical/Lumbar) | Ligament Tears | Long-Haul COVID | Lumbar/Back Pain | Lyme Disease | Major Depressive Disorder (MDD) | Macular Degeneration | Meniere’s Disease | Migraines | Multiple Sclerosis (MS) | Musculoskeletal Disorders | Myasthenia Gravis (MG) | Myelopathy (Cervical/Lumbar) | Myofascial Pain Syndrome | Nerve Impingement/Entrapment | Neuroma | Orthostatic Hypertension/Hypotension | Osteoarthritis | Paresthesia/Dysesthesia | Parkinson’s Disease | Posterior Tibial Tendon Dysfunction | Post-Traumatic Stress Disorder (PTSD) | Posterior Tibial Tendon Dysfunction | Posterior Vitreous Detachment (PVD) | Radiculopathy (Cervical/Lumbar) | Repetitive Stress Injuries | Retinal Detachment/Floaters | Rotator Cuff Injury/Tears | Sciatica | Scoliosis | Serotonin Syndrome | Shoulder/Back/Neck Pain – NOS | Sleep Apnea | Spondylolisthesis | Spondylosis | Stenosis (Spinal/Foraminal) | Stroke | Thoracic Outlet Syndrome (TOS) | Traumatic Injuries | Tumors | Ulnar Neuropathy | Vertigo/BPPV | Visual Impairment
The information provided above is offered purely for informational purposes. It is not intended to create or promote an attorney-client relationship, and does not constitute and should not be relied upon as legal advice.
Every claim is unique and the discussion above is only a limited summary of information that may be relevant to your claim. An experienced disability insurance attorney can help you assess your particular disability claim, or potential disability claim, and determine what options are available to you.