866.279.9722
864.242.6200

ERISA LAW BLOG

Appeal Deadlines Suspended by Department of Labor

Appeal Deadlines Suspended by Department of Labor

In May of this year, the Department of Labor issued an order suspending ERISA appeal deadlines due to Coronavirus/COVID-19.  The order is continuing until 60 days after either the Federal Government ends the state of emergency or the Department of Labor retracts its order.  How will this effect your long term disability claim?  On one ...

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 ...

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 ...

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 ...

The Wheels of Justice Grind Slowly at Times

I had a professor in law school that would frequently use that quote when describing various components of the legal process. As unfortunate as it may be sometimes, it often rings true.  We live in a fast-paced society that is only getting faster. Between two-day, online delivery and lightning-quick smartphones, consumers want, and expect, everything ...

The Importance of the Doctor’s Statement

A frequent issue that arises at the onset of ERISA claims is the ability of a client to get a statement from his or her treating physician to be used in support of the claim of disability. Getting a statement from your own doctor is a crucial step in the process. Moreover, the language in ...

CONTACT INFORMATION

864.242.6200
25 Mills Avenue
Greenville, SC 29605
864.233.0290