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 ...

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 ...

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 ...

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 ...

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 ...