Brent Dorian Brehm

Recognized as a leader in ERISA, disability, life, and AD&D insurance litigation, Brent Dorian Brehm is the Founding Shareholder of Dorian Law PC. His deep expertise in navigating the intricacies of insurance policies and the tactics of multi-billion dollar insurance companies has earned him significant accolades throughout his career. These include being named a Super Lawyer and Rising Star by Super Lawyers magazine, a perfect 10 rating and multiple Client Choice awards by Avvo, a Lawyer on the Fast Track by The Recorder, and recognized among the Top 20 Lawyers Under 40 by the Daily Journal. He is also a sought-after speaker, frequently invited to share his insights on insurance law and the disability claim process.

For over 17 years, Brent has dedicated his practice to mastering this challenging area of law. He possesses a unique ability to meticulously dissect denied claims, develop winning strategies, and relentlessly pursue favorable outcomes for his clients. This commitment is evident in his proven track record: since 2006, Brent has successfully resolved over 500 disputes with insurance companies, securing crucial benefits for individuals and families. His practice is defined by an unwavering commitment to protecting individual rights against powerful corporate entities.

At Dorian Law PC, Brent combines this recognized expertise, extensive experience, and profound personal commitment. He leads the firm with a compassionate, client-focused approach, ensuring every individual receives both the highest level of legal skill and genuine support throughout their claim. Brent embodies the Dorian Law Advantage – an expert advocate with a proven history of achieving justice and securing results even in the face of formidable insurance opposition.

• ERISA and Bad Faith Disability, Life, and AD&D Insurance

• Free Consultation

California

Since 2007

9th Circuit

United States District Court, Central District of California

United States District Court, Eastern District of California

United States District Court, Northern District of California

United States District Court, Southern District of California

Shareholder

Dorian Law PC

2025 - Current

Partner

Kantor & Kantor

2006 - 2025

Rutgers School Of Law

J.D.

2006

Univ of California at Los Angeles

B.A. | Philosophy and Economics

2002

Super Lawyer

Super Lawyers

2025

Super Lawyer

Super Lawyers

2024

Super Lawyer

Super Lawyers

2023

Super Lawyer

Super Lawyers

2022

Super Lawyer

California Super Lawyers

2021

California State Bar  # 248983

Member

2007 - Current

What Does de novo Review Mean Under ERISA? An en banc Fifth Circuit will answer that question for 30+ million people laboring under its unique interpretation.

American Bar Association, Labor and Employment Law Section

2017

California's ban on discretionary clauses in disability and life insurance policies

Advocate

2013

Life Insurance, ABA TIPS Mid-Winter meeting, La Jolla, CA

February 2025

American Bar Association

Life Insurance, ABA TIPS Mid-Winter meeting, La Jolla, CA

February 2024

American Bar Association

Lupus & the Long Term Disability Insurance Claim Process, Lupus: Learning & Living, Los Angeles

2019

Lupus Foundation of America

Mastering Social Security, Long-term Disability & Government Benefits, CLE Seminar

2019

What is Behind the Veil of Vocational Databases and Why You Should Care, ERISA Litigation

2016

Ordained Minister

Universal Life Church

Q. Seeking guidance on LTD lump sum settlement offer and tax implications.

April 30, 2025

A: This is a really significant decision you're looking at, and it's smart to be thinking through both the settlement amount and the tax implications carefully before responding. Lump sum offers can be complex, and getting guidance is key.

Regarding what an appropriate counteroffer amount might be – that's a really crucial question, and figuring it out often involves looking at several factors beyond just the insurance company's stated "value" of the claim (which is often just their starting point). While their $86,000 claim value is interesting, settlement negotiations are just that – negotiations. Factors that influence a counteroffer often include the actual estimated present day value of your future stream of monthly benefits over your expected lifespan (which, being disabled since 2018, could be many years), the strength of your medical evidence supporting ongoing disability, the specific terms of your policy (like any future step-down in the definition of disability or potential offsets), the insurance company's history with similar claims, and frankly, the potential cost and stress you would face if the claim were to be reviewed and potentially terminated in the future, requiring legal intervention. It's rarely just a simple percentage of their internal valuation. Without reviewing your full claim file, medical history, and policy, it's impossible for me to suggest a specific number, but understanding the factors that give a claim leverage is important for formulating a counteroffer.

Choosing whether to accept a lump sum is a major decision, and it really depends on your individual circumstances, risk tolerance, the specific terms of your policy, and the exact details of the offer. This is absolutely a situation where getting personalized advice from a disability lawyer who can review your policy and the lump sum offer terms in detail would be valuable. They can help you understand the pros and cons specific to your case and the potential future challenges with your particular insurer. I strongly encourage you to consult with an attorney who specializes in long-term disability claims before making your final decision. Many will talk you through the factors to consider for free. It's like a loss leader if you don't take the buy-out. If you do want to explore the offer, many will do the negotiation for a percentage of the increase in the offer they negotiate. In situations where the offer does end being non-negotiable, this means you don't pay the lawyer anything.

On the tax implications side, this is another critical area where getting specific advice tailored to your situation is essential, as tax laws are complex and depend heavily on your individual circumstances and how the premiums for the LTD policy were paid. Generally speaking, for long-term disability settlements:

If your employer paid 100% of the premiums, and those premiums were paid with pre-tax dollars (which is common for employer-sponsored plans), then the settlement amount is typically considered taxable income to you.

If you paid 100% of the premiums with after-tax dollars, or if it was an individual policy where you paid the premiums personally with after-tax money, then the settlement amount may be non-taxable.

If the premiums were split between you and your employer, or if you paid a portion with pre-tax and a portion with after-tax dollars, then the taxability of the settlement will likely be prorated based on the percentage of premiums paid with after-tax funds.

Basically, taxation of a lump sum is the same as your monthly payments. However, getting a lump sum settlement can have significant tax consequences, potentially pushing you into a higher tax bracket in the year you receive it. ... Read More