As an ERISA attorney that has practiced for many years and represented plaintiffs in practically every state across the country and who has associated with attorneys nationwide, I have a lot of experience in how terrifying ERISA can be for both plaintiffs and attorneys who don’t practice in the area.  ERISA is a complex regulatory ...

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 ...

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 ...

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 ...

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....

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 ...

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 ...

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 ...

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 ...

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 ...