North Texas Dentistry Special Issue 2018 NTD SP ISSUE 2018 DE | Page 21

P R O F I L E
Marc Whitehead, Esq. is the founding and man-
aging partner of Marc Whitehead and Associates,
Attorneys at Law which he established in 1992.
His firm has specialized in practicing disability law
for over 25 years, winning disability benefits for
hundreds of deserving people, including dentists.
Marc earned his undergraduate degree from
Texas A & M and his juris doctorate from Univer-
sity of Houston.
5300 Memorial Drive, Suite 725
Houston, Texas 77007
[phone]
What are some of the health reasons a dentist might need to file a disability claim?
Dentists have an incredibly physical component to their job. They are on their feet for
eight hours a day and are forced to hold very awkward positions. Hand dexterity is also
a key component of a dentist’s job.
Commonly, I’ve seen various musculoskeletal problems, such as neck and back injuries,
chronic pain and rheumatoid arthritis. Any sort of neurological disease can have devas-
tating consequences, such as Parkinson’s Disease and Multiple Sclerosis.
Dentists have to be 100%, 100% of the time. Anything less, and their patient’s lives are
at risk.
Why are dentists commonly denied benefits after they file a disability claim?
Insurance companies are only profitable when they pay out as little as possible in
claims. Dentists have high payouts and the insurance company will do everything possi-
ble to avoid paying these benefits.
What can one expect when filing a disability insurance claim?
After filing the initial application, the insurance company will either award benefits
(according to the terms of your policy) or submit a letter of denial that details why they
denied your claim.
This letter is very important, and usually ends with telling you about your appellate
rights. Generally, one has 180 days to file an appeal of the decision. It is at this step that
one should consider enlisting the help of a disability insurance attorney, as this is the
only chance one has to submit all the supporting evidence in their claim. This evidence
comes in the form of medical records, physician statements, job descriptions and voca-
tional experts opinions.
If the appeal is still denied, then one can file a lawsuit against the insurance company in
federal court.
What kinds of qualities should a dentist look for when hiring a disability attorney to
help in their case?
Disability law is a unique and complex field, so you will want to hire an attorney who
specializes in it. There isn’t a board certification specifically for disability law in the
state of Texas, but Social Security Disability and labor-employment are closely
related certifications.
You also want an attorney who is well-versed and experienced in ERISA law. This is fed-
eral law under which most disability insurance policies are governed. These laws are
quite complex, tend to favor the insurance companies, and are difficult for many attor-
neys to navigate. Many of our clients are referred to us by other attorneys who don’t
even know where to begin with ERISA law.
Any advice for dentists thinking about filing for disability?
The most important thing I stress is to not go at it alone. The law is not on your side and,
if not us, one should seek experienced legal counsel if faced with the unfortunate battle
of having to file for disability benefits. Your financial future depends on it.
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