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 ...

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 ...

Today’s world is dominated by social media.  Many clients do not realize, however, that social media can have an adverse effect on a short term/long term disability claim.  There has been an increasing trend by insurance companies to use social media, in part, to deny an individual’s disability claim.  It is an important trend that ...

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 ...

This is a question I get asked quite often by clients of mine who are State of South Carolina employees.  When a long term disability claim is denied for a State of South Carolina employee, there are two levels of appeal.  The first level of appeal is to Standard Insurance Company.  If Standard denies the ...

I’m a little bit behind from the holidays in posting the approvals that we received at the end of last year, but please see the below list.  If you have a denial of benefits from any of the below insurance companies or have a similar medical condition and have been denied, please feel free to ...

Most of the disability cases that come to us are still in the appeal phase.  What that means is we have an administrative appeal that must be exhausted prior to filing a lawsuit in Federal District Court.  While I normally explain cases to potential clients, by giving them a worst case scenario, administrative appeals are ...

Almost every day, I’m asked by potential or current clients, “Do I need an attorney for the appeal process?”  Invariably, that answer is “Yes.”  While the insurer or your claims person from the insurance company may tell you that you do not need an attorney and that if you simply submit your own appeal they ...

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 ...

Many attorneys often encounter difficult situations in dealing with ERISA plans who are asserting a lien, subrogation right, or a reimbursement action.  This is a common problem faced in many personal injury cases.  Attorney Nathan Bax was featured in the South Carolina Lawyers Weekly discussing how to tackle these tough issues.  Please see the article ...