866.279.9722
864.242.6200

ERISA LAW BLOG

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 ...

What is the difference between short term disability (STD) and long term disability (LTD)?

What is the difference between short term disability (STD) and long term disability (LTD)?

I am writing this post because I think it is important for clients and potential clients to be able to distinguish between a claim for STD (short term disability) benefits and a claim for LTD (long term disability) benefits.  An individual should file a STD claim when he/she anticipates being out of work for a ...

Two-levels of Internal Appeals

Two-levels of Internal Appeals

Every insurance company has an internal appeals process that typically must be exhausted before a claimant is able to file a law suit under ERISA.  Several companies, however, often have two levels of internal appeals which give rise to the question: does that mean a claimant must exhaust the second level of appeal?  The short ...

Why Surveillance Can Make or Break Your Disability Claim

Why Surveillance Can Make or Break Your Disability Claim

I am writing this blog to follow up on my previous blog on social media and short term/long term disability claims.    Another insurance company tactic that all short term/long term disability claimants should be aware of is surveillance.  Insurance companies can and do hire outside investigators to perform surveillance on claimants.  Insurance companies also very ...

CONTACT INFORMATION

864.242.6200
25 Mills Avenue
Greenville, SC 29605
864.233.0290