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 ...

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 ...

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 ...

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 ...

Hi, I’m Attorney Nathan Bax here at the Foster Law Firm and today I wanted to give you some tips about how to file your ERISA claim. Now, let me start by saying that this is not legal advice, this is just some general information about claims and that each person’s circumstance is unique so ...

A recent South Carolina Federal District Court case set forth the analysis of how to determine whether a benefit plan is governed by ERISA or not.  Attorney Nathan Bax was interviewed by South Carolina Lawyer Weekly about the recent case and provided his thoughts.  Please see the article below.SCLW – ERISA ruling shows strength of ...