Imagine dedicating your life to a career where precision is everything. Every day, your hands are your tools—your lifeline to success and service. That was Dr. Kim Mailman’s world. As a dentist, he took pride in his ability to provide exceptional care to his patients. But everything changed when a tremor developed in his dominant hand, shaking not only his grip on dental instruments but also his future.
The tremor wasn’t just an inconvenience; it was a career-ending disability. Dr. Mailman could no longer perform the intricate and precise work dentistry demands. With no other option, he sold his dental practice and turned to his long-term disability benefits for support. For a while, those benefits gave him the financial stability he needed to adjust to this devastating life change.
But then came the letter.
When the safety net fails
The insurance company decided to cut off Dr. Mailman’s long-term disability benefits, claiming he could return to work. Their reasoning? A doctor they hired had reviewed his file and concluded that Dr. Mailman was exaggerating the severity of his tremor. To them, it wasn’t enough to stop him from working.
Dr. Mailman was stunned. He knew the tremor wasn’t something he could fake or control—and so did his family doctor, who had been treating him for years. The suggestion that he could safely go back to working on patients wasn’t just unfair; it was dangerous.
By the time his benefits were terminated, Dr. Mailman had been out of practice for years. Returning to work wasn’t even a realistic option—he had no job to go back to. More importantly, he wasn’t willing to risk patient safety just to satisfy the insurance company’s doubts. Frustrated but determined, Dr. Mailman sought out help. That’s when he turned to Resolute Legal.
A plan of action
David Brannen, Resolute Legal’s founder and managing lawyer, knew this wouldn’t be an easy fight. Insurance companies rarely back down without a battle. However, Dr. Mailman’s policy had a crucial clause in his favour: he only needed to prove he couldn’t work as a dentist. He wasn’t required to attempt work in another field.
The team quickly got to work. Brannen knew the case would hinge on strong, undeniable evidence, so he brought in a highly respected occupational therapist to assess Dr. Mailman’s functional capacity. Over two days, the therapist conducted an exhaustive evaluation of Dr. Mailman’s hand function. The findings were crystal clear: the tremor was real, impossible to fake, and made it unsafe for Dr. Mailman to perform dental work.
The insurance company, however, wasn’t ready to back down. They insisted Dr. Mailman undergo an independent medical assessment with a neurologist—one who had a reputation for siding with insurers. Dr. Mailman was skeptical. He worried it would be a waste of time, just another hurdle to drag the process out.
“I was a little bit nervous about going in to see him, even though I knew there’s nothing to fake or embellish,” said Dr. Mailman in an interview with Resolute Legal.
But Brannen urged him to go. Not only would it show Dr. Mailman’s willingness to cooperate, but it also presented an opportunity. The neurologist would have to consider the occupational therapist’s detailed report, making it much harder to dismiss Dr. Mailman’s condition.
The turning point
Reluctantly, Dr. Mailman attended the assessment, unsure of what to expect. But then, something unexpected happened.
The neurologist not only confirmed the findings of the occupational therapist but went a step further. He diagnosed the tremor as permanent and emphasized that returning to work was no longer a reasonable option for Dr. Mailman. As he left the appointment, the neurologist even told him, “I hope to see you’ll never work in a person’s mouth again,” Dr. Mailman recalled.
This was the pivotal moment. With the neurologist’s report, the occupational therapist’s assessment, and the steadfast support of his family doctor, Dr. Mailman’s case became impenetrable. The insurance company, with no grounds left to argue, had no choice but to reinstate his monthly benefits.
Victory without a lawsuit
For Dr. Mailman, the outcome was everything he’d hoped for. His benefits were restored, giving him financial security until retirement at age 65. Even better, he avoided the stress and expense of a lawsuit. After years of uncertainty, he could finally breathe again.
“Ultimately, the appeal was successful, and it was the best possible outcome for me,” said Dr. Mailman. I would not hesitate to recommend David Brannen and Resolute Legal to represent the little guy in a dispute with a disability insurance company.”
What we can learn
Dr. Mailman’s story is a testament to the power of perseverance and preparation. It’s a reminder that the right evidence—combined with a strategic approach—can turn the tide in even the most challenging cases.
Not every situation will play out like Dr. Mailman’s. In some cases, attempting a return to work may be the best way to show it’s not possible. But whether the path involves gathering medical evidence, trying to work under professional supervision, or challenging an insurer head-on, having a plan and the right team in your corner can make all the difference.
Book your free consultation
If you’re facing a disability insurance dispute or your benefits have been cut off unfairly, don’t wait for things to get worse. Like Dr. Mailman, you deserve a team that will fight for your rights. At Resolute Legal, we specialize in helping individuals like you navigate the complex world of disability claims.
Book a free consultation today and get the clarity and support you need to win. With us by your side, you can face your challenges head-on—because your future deserves to be protected. Don’t wait—contact us now and take the first step toward the security you deserve.
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