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Joshua Michael Bonnici
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Joshua Bonnici’s Answers

33 total

  • Do I have to pay my LTD back after they terminated me.

    I was receiving LTD for a hip injury. My LTD enlisted one of their companies to file for SSDI after a year. Long story short. My hearing was August 15th and they terminated me on August 24th. (before we new the outcome) I was awarded SSDI 6 months...

    Joshua’s Answer

    Sorry to hear about all this. Appealing the LTD denial may be the best way to attach the request for reimbursement. I've dealt with that before, and the appeal can help with negotiation, and if the appeal is solid, can provide funds for reimbursement. However, appealing the denial must be timely, so time may be of the essence.

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  • What is the penalty for not providing claims file requested to claimant within 30 days of request that is detrimental to case?

    This case is in regards to a disability claim with insurance provided through employer that is governed by ERISA laws

    Joshua’s Answer

    Sorry to hear about your situation. Are you requesting the file in response to having the policy denied? If so, there's no court procedure as everything must happen during the administration process, prior to filing a lawsuit. I deal with disability carriers all the time in requesting files for an ERISA appeal. They are required to produce the file to you as specified in your policy. But, it they are giving you a hard time, you may want to speak with an attorney who represents denied policy holders for additional help and leverage. At the end of the day, an ERISA lawsuit in Federal Court is your back-up plan.

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  • My car was sandwiched in a 3 car pile up, is it my fault?

    i was driving home on a 2-lane bridge coming from sea world on my way to the highway 8 going east. When all of a sudden, a car from behind suddenly hit my car, from there, my car jerked forward causing me to hit the car that's in front of me and i...

    Joshua’s Answer

    Sorry to hear about your accident. These kind of accidents are a bit tricky, and sometimes a full investigation needs to be conducted. I usually tell my clients not to give any statements regarding the accident if they hire my office. I'd do the same here - reach out to an attorney before you get to far into the insurance claim.

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  • Long Term Disability Claim denied My LTD carrier denied my claim

    I suffered from Degenerative Disc Disease. At first my employer was willing to accommodate me, but with the change of ownership, the same management team chose to disallow it. As such I suffered low back pain from doing some heaving lifting at wor...

    Joshua’s Answer

    Sorry to hear about your situation. Sounds like you may need advise on both the LTD denial (you only have 180 days from the date of the denial to appeal) and possibly the "forced resignation" as well, depending n the facts. I've handled similar LTD appeals and they are very fact intensive as to your medical condition and your policy. I would definitely reach out to a local attorney as time is of the essence with a potential claim on either level.

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  • How do I get my disability claim approved?

    I was injured a few years ago and have had several foot surgeries as a result of it. Last year I had fusion surgery on my right foot and was on short term disability that was approved by my short term disability insurance company. My doctor recent...

    Joshua’s Answer

    Sorry to hear about the denial. Depending on the policy language of your disability policy, you may be able to appeal the disability denial. However, there are often strict time limits on these policies, so finding an attorney who understands the provisions is important. It may be more of an insurance policy question that an employer issue.

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  • I was in a car accident, and already had a back injury from surgery. The hardware in my back protrude more as the result from

    the accident, and I had to have the hardware removed, as a result of the pain it caused.The thing is since I am a Veteran the V. A. paid for the operation, but I have to deal with the extreme pain of the removal of hardware,.and recovery.The other...

    Joshua’s Answer

    Sorry to hear about your accident and second surgery. Having an attorney on your side to help prove that the exacerbated injuries you suffered from your surgical procedure AFTER your accident is essential. The insurance company will more than likely attempt to devalue your injury because of your surgery. While having a preexisting condition often makes a case difficult, cases like yours are not impossible. Make sure to talk to an injury attorney (or a few) before moving forward with the responsible insurance company.

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  • I was injured at Sprouts by a bin that fell on me- cut nose, possible fracture-what should I do now? I need advice.

    On Saturday, February 28th, while shopping at Sprouts in Rancho Bernardo CA, a bulk bin fell on me and lacerated the bridge of my nose. I have a possible fracture. The manager filed a claim but since I was bleeding and not thinking clearly, I di...

    Joshua’s Answer

    Sorry this happened, and I hope you're recovering. You may have a premises liability claim, which are usually very difficult to navigate. More facts will be necessary to determine how to proceed with your claim. However, I'd recommend talking to a local personal injury attorney prior to giving too much information to the insurance company.

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  • I was the driver. The car is owned and insured by my parents. Can the other party sue my parents?

    I was in an accident where I came out unscathed but the other party got a dented car and sustained minor injuries. Considering that the car I was driving at the time was owned and insured under my parents name, does the other party have a right to...

    Joshua’s Answer

    Sorry to hear about your accident. In CA, the owner of a vehicle who is responsible for an accident can be held liable. Whether or not they will be involved in a lawsuit depends on the extent of the damage and injuries, and whether or not their auto insurance is able to settle with the injured party.

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  • What can I di if the police department can't find my case number frome the accident

    I was on a stop light when a car hit me from behind nothing bad happened to my car just a simple scratch so I told himnot to worry about it but he still call the copsand now I'm trying to call the Police Department to get my case number and they s...

    Joshua’s Answer

    • Selected as best answer

    Sorry to hear about your accident. Responding officers don't always make an official report when responding to an accident. Oftentimes, if there is no injury reported, they make sure that the scene is civil, and have parties exchange information. If a report is made, the officer will usually give the parties a slip of paper with their name, badge number and report number on it. If you did not receive a slip of paper from the officer, they more than likely did not create a report. However, calling the reporting agency (Sheriff? Local Police? CHP?) to double check by your name, date of the incident and location may not be a bad idea. Good luck!

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  • Intoxicated friend hit by car in crosswalk, does it matter that she(pedestrian not driver) was very drunk?

    all three of us were drunk. I believe all three of us were in crosswalk but she lingered behind and got hit. Also if she were just a few feet outside of the crosswalk does that change things?

    Joshua’s Answer

    I'm sorry to hear about your friend, and hope they are okay. Regarding liability (who is at fault) all of the facts of the case would have to be investigated and analyzed. Your friend's intoxication will definitely be a factor, but not the only controlling factor (as drivers have a duty to yield to pedestrians in a crosswalk). Your friend would benefit from speaking with an attorney on the topic to learn their rights.

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