866.279.9722
864.242.6200

ERISA LAW BLOG

I’ve been fighting with the insurance company for months now, what compensation can I recover?

This is often one of the hardest questions to answer because it seems patently unfair. Frequently, clients will ask me if they can sue the insurance company to recover for the struggles they have endured over the lengthy process of fighting for benefits.  It is not unusual for clients to spend several months, if not ...

Statute of Limitations

Previously, I did a video blog about the statute of limitations in ERISA cases.  Today, I wanted to provide a written blog post to further that discussion and provide some case law for Fourth Circuit practitioners.  As previously discussed, for a benefits claim, determining the statute of limitations can be a tricky subject.  However, the ...

On-Line Activity and Social Media

We’ve previously discussed on here multiple times the dangers and risks of using social media or having an on-line presence.  However, in these modern times, it is very hard not to have some type of on-line presence.  The Social Security Administration is currently looking into the possibility of monitoring disabled individuals’ social media.  The outcry ...

What is an Overpayment?

What is an Overpayment?

Often, one of the many important pieces of ERISA litigation is the existence of what is called an overpayment.  An overpayment often exists when clients have recently been approved for Social Security Disability benefits, or some other type of offset income (auto-accident settlement, workers’ compensation, etc.) after they have been paid LTD benefits for a ...

ERISA Law | The Dangers of Social Media

ERISA Law | The Dangers of Social Media

Social media is a wonderful tool in a great many ways. However, it is not without its downsides. One of those negative aspects of social media is an insurance company’s ability to gain access to an individual’s account and use that information to deny disability benefits. It is extremely important that clients be mindful of ...

Social Security Disability Income

Social Security Disability Income

In this video, attorney Nathaniel W. Bax, discusses when, in relation to a short term or long term disability claim, a client should apply for Social Security disability benefits. If you have further questions or if you have a denied short term or long term disability claim, please do not hesitate to contact us....

ERISA Life Insurance Benefits and Divorce Decrees

ERISA Life Insurance Benefits and Divorce Decrees

Do Divorce Orders Preempt ERISA Life Insurance Beneficiary Designations? In the last year or so, I have had clients with this question. The short answer is most likely no.   The reasoning is twofold. First, ERISA requires that insurance company’s pay out benefits consistent with the terms of the plan. Most life insurance policies state that ...

ERISA Law | Statute of Limitations

ERISA Law | Statute of Limitations

In this video, attorney Nathaniel W. Bax, discusses the statute of limitations (the time period in which you have to file a lawsuit) for ERISA benefits claims. This is a complex issue and, as with most things related to ERISA, we strongly recommend that you speak to an experienced ERISA attorney for further advice. If ...

Independent Medical Exams

Independent Medical Exams

Independent medical exams (IME), neuropsychological testing, and functional capacity exams (FCE) have long been a part of disability reviews.  However, in the last couple of years, I have noticed a great increase in the numbers requested by insurers and I expect, because of some court rulings, for that number to rise.  These exams can be ...

I’ve appealed my South Carolina disability case to the SC Public Employee Benefits Authority.  Now what?

I’ve appealed my South Carolina disability case to the SC Public Employee Benefits Authority. Now what?

A question that I frequently receive from clients is “why does this process take so long?”  When an individual has been denied his or her disability benefits, the financial situation can often go from bad to worse. As with most types of civil litigation, ‘speedy’ is rarely a word that can be used to describe ...

CONTACT INFORMATION

864.242.6200
601 E. McBee Avenue, Suite 104
Greenville, SC 29602
864.233.0290