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ERISA LAW BLOG

Offsets and Other Income Benefits – What are they, and what do they mean for your short term and long term disability benefits?

Offsets and Other Income Benefits – What are they, and what do they mean for your short term and long term disability benefits?

One of the important issues that I think every ERISA short term/long term disability claimant needs to know about is what offsets or “other income benefits” are and how they affect short term and long term disability benefits.  Basically, the insurer gets credit for any other income that a claimant receives from other sources.  Here ...

Self-Funded Plans vs. Insured Plans: What is the Difference?

Self-Funded Plans vs. Insured Plans: What is the Difference?

If a person is covered by an ERISA governed employee benefit plan through a private employer, chances are that the plan is either self-funded or insured.  What is the difference? A self-funded plan means that the benefit plan is funded by an individual’s employer.  In other words, benefits are paid through a plan which is ...

Denial of a Long Term Disability Claim Due to Pre-Existing Condition

Denial of a Long Term Disability Claim Due to Pre-Existing Condition

One of the most difficult and complicated areas of ERISA law is a reversing a disability denial based upon a pre-existing condition exclusion. These types of exclusions are found in most every disability policy, and they contain language that states benefits will not be payable for pre-existing conditions that are the cause of a claimant’s ...

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

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 ...

On-Line Activity and Social Media

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 ...

Statute of Limitations in ERISA Cases

Statute of Limitations in ERISA Cases

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 ...

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 ...

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