In Montanile v. Board of Trustees of National Elevator Industry Health Benefit Plan, __ U.S. __, 136 S.Ct. 651 (2016), the United States Supreme Court recently held that ERISA does not permit an ERISA plan administrator to recover reimbursement in equity from a plan participant’s general assets and that strict equitable tracing requirements apply to equitable actions seeking reimbursement. This strongly suggests that disability insurers seeking recovery of social security disability overpayments cannot enforce such actions against a participant’s general assets and would encounter considerable difficulty enforcing equitable relief against the dissipated proceeds of a social security disability award. Legal
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Don’t Weather The Storm Alone
As Tropical Storm Colin moves in on Florida, it makes one think of how life can be while dealing with a disability and the insurance companies. Everything can be going fine one day, and then suddenly the rain is pouring, the winds are blowing, and everything seems dark and grey. Local agencies in our area offer sandbags and resources to help with the issues our communities face. If you need help weathering the storm with a disability insurance claim, Cremeens Law Group PLLC can help. Don’t go it alone.
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Assume Big Brother is Watching
Things to know about insurance company surveillance From time to time, insurance companies may use the services of a private investigator to conduct surveillance on a claimant. While this isn’t something to live in fear of, it is something to recognize. Surveillance may result in subjective video that could cause your benefits to be denied or terminated. While you might reasonably assume that normal activities of daily living shouldn’t result in a denial, they can. For example, a very large box delivered at your front door that contains two ultra-light plush pillows just shows you carrying a very large box.
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Always Make Sure the Doctor Knows Everything
If you are seeking disability due to a number of ailments, you are probably seeing specialists for your issues. Always keep in mind that just because you go to your PCP for a common cold, doesn’t mean that your answer, when asked about the reason for your visit, should stop at “I have a cold”. Make the doctor aware of and state everything you are suffering from at every visit, and even if you see specialists for your conditions, mention all of them to avoid generating a medical record that may make it appear that you are fine that day,
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Social Media Is Part of the Picture
Social Media and Your Disability Claim What you post on the web can hurt your short or long term disability insurance claim. Many people overlook the impact of photos. Not only can current photos hurt your claim, but photos from past life events can hurt your chances of obtaining benefits. Remember, a claim manager may not notice the date stamp on a profile picture depicting you white water rafting, taken seven years ago before you had any medical problems. You should always assume that the insurance company has access to your social media accounts, follows them, and uses the information
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