866.279.9722
864.242.6200

ERISA LAW BLOG

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, ...

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 ...

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 ...

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 ...

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 ...

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