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 ...

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 ...

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 ...

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 ...

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 ...

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 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 ...