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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 ...

Coronavirus/COVID-19 Related Disability Claims

Coronavirus/COVID-19 Related Disability Claims

Our country is facing a new and very significant disease.  While the implications of it are far reaching, I expect that there will be a vast number of short term and long term disability claims related to Coronavirus (COVID-19).  Since the pandemic has hit the United States, I have been asked many questions about it, ...

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 ...

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 ...

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 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 ...

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 ...

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