Long-term disability insurance offers a financial lifeline when an individual is unable to work because of a disabling condition. Despite their critical role, these claims often face denials for various reasons, leaving claimants in an unsettling position. If your claim has been denied, do not worry. Our experienced team is here to help you appeal the decision and get the benefits you need. We will help you gather additional evidence to strengthen your case and can represent you at any hearings scheduled. Insurance companies will look for any reason to deny a claim, so it is unsurprising if one is denied because of a simple procedural error. In many cases, having an attorney on your side will be enough to keep the insurance company from playing games. If the denial is upheld, we can explore further options to get the compensation you deserve. Call our New Jersey disability attorneys at Young, Marr, Mallis & Deane at (609) 755-3115 for a free case review. Reasons Why Long-Term Disability Claims Get Denied in New Jersey Long-term disability insurance policies are designed to replace a portion of your income if you become disabled and cannot work. Despite the clear benefits of these policies, many individuals find their claims denied for various reasons. When this happens, our New Jersey disability lawyers will be waiting to help you fight the decision and get the benefits you need. More often than not, providing additional documentation will be enough to get your claim approved. However, some denials might be harder to fight. Lack of Medical Evidence When filing for long-term disability claims, it is crucial to provide sufficient medical evidence to support the claim. Insurance companies require extensive proof that the claimant’s medical condition is severe enough to prevent them from working. This typically includes detailed medical records, doctor’s notes, test results, treatment plans, and more. The medical evidence should be comprehensive enough to convince the insurance provider that the claimant is genuinely unable to work because of their condition. Failing to provide sufficient and convincing medical evidence could lead to the denial of the claim. Therefore, you should work closely with your healthcare provider to ensure that all the required documentation is provided and accurately represents your medical condition. Pre-existing Condition Exclusions Long-term disability policies are meant to provide financial protection to individuals who are unable to work because of an injury or illness. However, many of these policies contain pre-existing condition exclusions. This means that if a disability arises from a condition that the claimant had before obtaining the policy, the insurance company might not cover the claim. The specifics of these exclusions can vary greatly between policies. Some policies might have a look-back period, which means that the insurance company will review the claimant’s medical records for a certain period of time prior to the policy’s start date. If the claimant was diagnosed with a condition during this period, the insurance company might deny the claim. Other policies might have a broader exclusion that applies to any condition the claimant had before obtaining the policy. Also, some policies might only exclude certain conditions, while others might exclude all pre-existing conditions. To avoid any surprises, you should carefully review your policy’s terms and conditions. If you have any questions about the pre-existing condition exclusion or any other aspect of your policy, our team can answer them. Failure to Meet the Policy’s Definition of Disability Disability insurance policies come with varying definitions of disability. While some policies define disability as an inability to perform the duties of one’s own occupation, others require that the person be unable to perform the duties of any occupation. This means that if you are unable to perform the duties of your current job but can still perform the duties of another job, you might not qualify for disability benefits under some policies. It is important to carefully review your policy’s specific definition of disability to ensure that you are covered in case of disability. Failure to meet your policy’s definition of disability might result in claim denial, so it is crucial to understand the terms and conditions of your policy before making a claim. Procedural Errors Filing for long-term disability typically involves intricate procedures and strict deadlines that can make the whole exercise quite complex. Failure to comply with these procedures and deadlines can result in a claim denial. Some of the reasons why a claim can be denied include missing deadlines for filing claims or appeals, not providing requested information promptly, or failing to exhaust all internal appeals before filing a lawsuit. Therefore, it is essential to work with our firm to familiarize yourself with the procedures and deadlines that apply to your specific case to avoid any mistakes that can lead to a claim denial. Non-compliance with Treatment Insurance companies might also deny a claim if the claimant is not adhering to the prescribed treatment for their medical condition. The insurers expect the claimants to make reasonable efforts to recover from their disability, which includes following the treatment plans set out by their physicians. This means that the claimant should attend all medical appointments, take medications as prescribed, and participate in any recommended therapies, such as physiotherapy or counseling sessions. If the claimant does not comply with the prescribed treatment, the insurer might view this as a lack of effort on the claimant’s part to recover and, therefore, deny the claim. Surveillance and Social Media When individuals file for disability claims with their insurance provider, they might not realize that their insurer could be watching them beyond just their medical records. Insurers often employ surveillance teams and scour social media to investigate the validity of a disability claim. They might look for any evidence that contradicts the claimant’s reported limitations, such as photos or videos of the claimant engaging in physical activities or performing tasks that they claimed they were unable to do. This evidence might be used to deny the claim, as insurers consider it as proof that the claimant’s limitations might not be as severe as they initially reported. What to Do if Your Long-Term Disability Claim Gets Denied in New Jersey Understanding why your claim was denied is the first step toward formulating an effective appeal strategy. Your denial letter should provide specific reasons for the denial, like those listed above, and information about your right to appeal. Carefully reviewing this letter with your attorney will help identify any errors or inconsistencies that can be addressed in your appeal. If your claim was denied because of insufficient medical evidence, gathering additional evidence can strengthen your appeal. This might include additional medical records, statements from your treating physicians, or even independent medical evaluations. If your appeal is denied, you usually have the option to file a lawsuit in federal court. Our New Jersey Disability Attorneys Are Here to Help You Get the Benefits You Deserve For a free case review, contact our New Jersey disability lawyers by calling Young, Marr, Mallis & Deane at (609) 755-3115.

Many clients who have defaulted on SBA loans receive a letter from the SBA indicating that their loan has been charged off. They ask us if this means the loan has been forgiven and does not need to be paid back.“Charging off” is an accounting concept that  allows the SBA to remove the loan from its books and records  as an asset, but the SBA can still try to collect the debt.Simply stated, charging off or charged off does not mean that a loan is forgiven!Even though the loan is charged off, the borrower still owes the money and the SBA can continue collection efforts.Collection methods include lawsuits, foreclosure on assets, garnishing wages, reporting the default to Treasury Direct (so that the Government can seize tax refunds) and reporting the default to credit bureaus. So in summary, a charge off is an accounting procedure but does not relieve the borrower of repayment responsibility. The SBA treats the charge off as a default and it will pursue further collection even after charge off.Clients or their advisors with questions about defaulted SBA loans should contact Jim Shenwick, Esq.  917 363 3391  [email protected] Shenwick, Esq  917 363 3391  [email protected] Please click the link to schedule a telephone call with me.https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!

Law Review: Alexandra P. Sickler, Big Banks & Small Consequences in Chapter 13, 39 Emory Bankr. Dev. J. 559 (2023). Stafford Patterson Sat, 02/17/2024 - 05:01 Abstract: Mortgage creditors struggle to properly service mortgages in chapter 13 cases, as evidenced by numerous cases describing violations of Bankruptcy Rule 3002.1. The consumer bankruptcy system, however, is not calibrated to compel system wide compliance from these large, institutional repeat actors. This Essay argues that the Consumer Financial Protection Bureau (CFPB) is well-suited to support the consumer bankruptcy system by exercising its monitoring and enforcement powers to promote, and even compel, mortgage creditor compliance in chapter 13 cases.Commentary: The CFPB has previously waded into bankruptcy mortgage waters,  notably with its promulgation of forms for Periodic Monthly Statements (PMS)  for mortgage accounts.  While initially inapplicable to mortgages that were involved in bankruptcy, whether Chapter 7 or Chapter 13,  eventually after extensive stakeholder meetings (in which I participated) the CFPB developed a model PMS for home mortgages that with remarkable clarity for homeowners provides accurate information about their mortgage,  whether reaffirmed or not,  including distinguishing pre- and post-petition payments and arrearages. A further advantage of engaging the CFPB with oversight of mortgage in bankruptcy would be that it improves the recognition  in its non-bankruptcy enforcement actions that there is almost certainly a bankruptcy component to a settlement  or resolution.  Too often those actions fail to compel mortgage servicers to take actions,  including amending proofs of claim, in bankruptcy cases to reflect those settlements. For a copy of the opinion, please see: Blog comments Attachment Document big_banks_small_consequences_in_chapter_13.pdf (580.12 KB) Category Law Reviews & Studies

Many people who cannot work due to a disability often rely on long-term disability benefits like Social Security Disability Insurance (SSDI). If you are receiving benefits like these, you should talk to a lawyer about the possibility of termination and how to avoid it. Your long-term disability benefits may be terminated under certain circumstances, even if you do not believe you are ready to live without them. Many people see their benefits terminated when the administration in charge of them, usually the Social Security Administration (SSA), determines the recipient can perform substantial gainful activity and no longer needs their benefits. This might come after you engage in a trial work period. Your benefits might also be terminated if, after a routine medical exam, it is determined that your medical condition no longer meets the SSA’s definition of a disability. If you are worried about losing your benefits, ask an attorney for help. If your benefits have already been terminated or will be soon, your lawyer can help you appeal the termination. Call our Pennsylvania disability benefits attorneys for a free case evaluation by calling Young, Marr, Mallis & Associates at (215) 515-2954. Termination of SSDI Benefits When You Return to Work in Pennsylvania SSDI benefits may be paid to people whose injuries are considered disabilities that prevent them from working. Getting approved for these benefits is notoriously difficult, and many people are denied multiple times before finally being approved. While these benefits can be a major help, many people do not want to rely on them forever. Trial work periods allow people to test their ability to work without risking their benefits. However, depending on how things go, your benefits might be terminated. Our Pennsylvania disability benefits lawyers can help you begin a TWP in a way that allows you to work while protecting your benefits. Recipients of SSDI benefits may test their ability to work again while still receiving the full value of their SSDI benefits. This is known as a Trial Work Period (TWP). You may count up to 9 months of work toward your TWP. These 9 months do not have to be consecutive and may be taken whenever you wish. For example, you might spend some time recovering while collecting SSDI benefits before trying to go back to work for a month. If things do not work out, you can stop working and continue collecting SSDI benefits. The month you worked counts toward your 9 months of TWP. No matter how much money you make during your trial work period, your benefits should continue to be paid. However, if you continue working beyond the allotted 9 months, you enter a 36-month Extended Period of Eligibility. If you continue to work, the SSA may evaluate your earnings and overall ability to work. If your earnings meet the limit for substantial gainful activity (SGA), your SSDI benefits might be terminated. Exactly what is considered substantial gainful activity changes each year. For 2024, non-blind people earning at least $2,590 per month will be considered as earning SGA. If you are blind, the amount for SGA is $1,550. This number may be adjusted each year for things like cost of living changes and inflation. How Changes in Your Medical Condition Might Lead to the Termination of Long-Term Disability Benefits in Pennsylvania You do not necessarily have to exhaust your TWP or actually perform substantial gainful activity for your benefits to be terminated. People who receive long-term disability benefits like SSDI usually have to submit to medical exams every so often so the SSA can make sure they still have a qualifying medical condition. For many, their conditions are permanent, and they might always need their benefits. For others, their condition might improve over time. If a doctor finds that your condition has improved to the point that you can work, your benefits might be subject to termination. This does not necessarily mean you must make a full recovery or be able to perform the same work you were doing before your disability. Perhaps your condition improves enough that you can do some other type of work that still constitutes SGA. If your doctor believes your condition is improving, contact a Berks County, PA disability attorney. Your lawyer can help you hold on to your disability benefits if you believe you are not ready or still unable to return to work. How to Prevent Your Long-Term SSDI Benefits From Being Terminated in Pennsylvania To prevent your disability benefits from being terminated, you should consult with an attorney about your situation. If you are considering working during a Trial Work Period, talk to your lawyer first. It would be best to understand how much money is considered SGA and whether you can earn that much during a TWP. If you tried working for a bit but did not earn enough money to be considered SGA, your lawyer can help you protect your benefits. Just be sure to keep documentation of your work and paychecks during any TWP month. We can also help you protect your benefits if you believe you have not improved enough to work or earn SGA despite what a doctor might have said. Doctors are not always correct. If you were examined by a doctor selected or approved by the SSA, we can find another doctor for a second opinion. If the second doctor comes to a different conclusion than the first, we might be able to protect your benefits. What to Do if Your SSDI Benefits Are Terminated in Pennsylvania If your benefits have been terminated or will be soon, talk to a lawyer immediately. If your benefits are terminated, you must be given the chance to appeal the decision. We can file a Request for Reconsideration and work to get the termination reversed. This might be a great strategy if your benefits were terminated based on shaky evidence or because of some sort of error or misunderstanding. Call Our Pennsylvania Disability Benefits Attorneys for Help Protecting Your Benefits Call our Allentown, PA disability benefits attorneys for a free case evaluation by calling Young, Marr, Mallis & Associates at (215) 515-2954.

Navigating the intricacies of long-term disability and ERISA regulations in New Jersey can be a daunting process. Understanding the nuances of federal regulations, insurance policies, and individual rights can be a complex landscape for anyone. Fortunately, working with our attorneys can make a huge difference when procuring the benefits you deserve. We can provide guidance on compliance, assist with disability claims and appeals, and represent you throughout the entire litigation process. Additionally, we can help clients understand their rights and obligations under the ERISA regulations, ensuring compliance with all federal laws. If a disability prevents you from working, options are available to help you through this difficult time. For a free case review, contact our New Jersey disability lawyers at Young, Marr, Mallis & Deane today at (609) 755-3115. How Does Long-Term Disability Work in New Jersey? Long-term disability insurance is a type of coverage designed to provide a steady stream of income replacement to those unable to work because of a long-lasting disability. This type of insurance is typically obtained through an employer or purchased independently from an insurance company, unlike public disability programs. In New Jersey, long-term disability benefits are generally paid until the claimant reaches retirement age, provided they continue to meet the disability criteria as stipulated by their specific policy. Our Trenton, NJ disability attorneys can help you determine if you are getting the benefits to which you are entitled. The length of these benefits underscores the term “long-term” in this context, which denotes an extended period of disability coverage. Long-term disability income benefits coverage is obtained by paying premiums over time, either to an insurance company or into an employee plan. The cost of the premiums and the extent of coverage can vary widely based on several factors, including the individual’s occupation, income, age, and the specifics of the policy. Also, the premiums paid towards long-term disability insurance are typically tax-deductible, which can help offset the policy’s overall cost. Generally, long-term disability policies provide a percentage of the policyholder’s pre-disability earnings if they are unable to engage in their “gainful” occupation because of a disability. A gainful occupation generally pays 60 to 80 percent of the individual’s pre-disability earnings. The specifics of what constitutes a “gainful occupation” might vary between policies and should be carefully reviewed before purchasing a policy. In addition, long-term disability policies might also provide additional benefits, such as cost of living adjustments, survivor benefits, and rehabilitation benefits, among others. These additional benefits can help ensure that policyholders and their families are able to maintain their standard of living and financial stability in the event of a long-term disability. How Does ERISA Work in New Jersey? The Employee Retirement Income Security Act (ERISA) was enacted in 1974 to protect employee benefits by setting federal standards for employer-provided pension, retirement, and insurance plans. This law ensures that these plans meet certain minimum standards to protect the interests of the participants and their beneficiaries. ERISA is a federal law that applies to employee benefit plans offered by private employers and some government entities. In New Jersey, ERISA covers a wide range of employee benefit plans, including both defined benefit and defined contribution retirement plans, as well as health insurance plans. However, it is important to note that ERISA does not mandate employers to establish a plan. Instead, it regulates the operation of a plan once it has been established. For New Jersey businesses that offer employee benefit plans, ERISA compliance is crucial. Compliance means adhering to all the requirements outlined by the United States Department of Labor. These requirements include stipulations about plan disclosures, fiduciary responsibilities, and procedures for appealing denied benefits. If an individual is denied benefits under an ERISA-covered plan in New Jersey, they have the right to file an ERISA claim. This process involves submitting a written appeal to the plan administrator. If the appeal is denied, the individual can then file a lawsuit in federal court. However, self-funded ERISA plans are generally not subject to state insurance mandates because of a concept known as preemption. This means that these plans are primarily governed by federal law, with state laws playing a limited role. How Our ERISA and Long-Term Disability Attorneys Can Help Your Case in New Jersey Navigating ERISA and long-term disability claims in New Jersey can be complex and stressful. But you don’t have to go it alone. With our team on your side, you can have peace of mind knowing that your case is being handled by professionals who are committed to fighting for your rights and securing the benefits you deserve. Personalized Attention and Support Our firm strongly believes in delivering individualized attention to all our clients. We comprehend that each case is distinct and necessitates a customized approach. Our team of experts will dedicate ample time to comprehending your specific circumstances and requirements. We value transparency and will keep you informed and engaged throughout the process. We are committed to providing you with the best possible outcome. We Protect Your Rights Our attorneys have extensive knowledge and experience in ERISA and long-term disability law. We fully understand the complexity of these legal areas and are dedicated to advocating for your rights. You can rely on us to ensure that the insurance company treats you fairly and evaluates your claim in strict adherence to the legal guidelines. We will work tirelessly to secure the compensation and benefits you deserve and protect your best interests throughout the entire process. Guidance Through the Claims Process Our attorneys can provide expert guidance throughout the ERISA and long-term disability claims process. From understanding your plan’s specific provisions to preparing a comprehensive and persuasive claim application, our legal team can help maximize your chances of receiving the benefits you’re entitled to. Ensure Deadlines and Procedures Are Followed Strict deadlines and procedures govern the filing of ERISA and long-term disability claims. Missing a deadline or failing to comply with a procedural requirement can lead to the denial of your claim. Our attorneys can ensure that all necessary paperwork is filed correctly and promptly, thus avoiding unnecessary delays or denials. Appeal a Claim Denial If your ERISA or long-term disability claim is denied, it’s not the end of the road. Our attorneys can represent you in the appeal process, crafting a detailed and compelling appeal that addresses the reasons for the initial denial. If necessary, we can also represent you in litigation to fight for your rights to the benefits you deserve. Our New Jersey Disability Attorneys Can Help Call our Mount Laurel, NJ disability attorneys at Young, Marr, Mallis & Deane at (609) 755-3115 for a free case review.

Bankr. E.D.N.C.: First Recovery v. Sanders II- Nondischargeable Claim under § 523(a)(2)(A) Stafford Patterson Thu, 02/15/2024 - 16:23 Summary: Plaintiffs First Recovery and Dylan Brooks sued the debtor Keith Douglas Sanders seeking to have a $1.3 million debt declared nondischargeable under 11 U.S.C. § 523(a)(2)(A) and (B). Sanders had sold his automobile repossession business, Unlimited Recovery Repossession Division (URRD), to the plaintiffs in 2015. The plaintiffs alleged Sanders made numerous false representations about the business, including misrepresenting the assignability of customer contracts, leases, and a required bond, the reasons a prior sale of URRD had failed, the condition of URRD's vehicles, and URRD's revenues. After a trial, the bankruptcy court found the plaintiffs had proven the debt was nondischargeable under § 523(a)(2)(A), which requires showing false representation, knowledge of falsity, intent, justifiable reliance, and proximate cause. The court found the plaintiffs justifiably relied on Sanders' misrepresentations about assignability of contracts and other aspects of the business. However, the court held the plaintiffs failed to prove reasonable reliance as required under § 523(a)(2)(B) for written statements about financial condition. Thus, the $1.3 million debt was held nondischargeable under § 523(a)(2)(A) based on the oral misrepresentations. Commentary: Although nothing seems to have been filed in more than a year,  there appears to still be related matters  pending with the North Carolina Court of Appeals in  First Recovery, LLC v. Unlimited Rec-Rep, LLC.  Also attached is the previous decision by Judge Flanagan of the E.D.N.C. district court. (Thanks to Koury Hicks for the Summary of this opinion.) For a copy of the opinion, please see: For a copy of the opinion, please see: In-re-CookDownload Blog comments Attachment Document first_recovery_v._sanders_ii.pdf (292.66 KB) Document first_recovery_v._sanders_i.pdf (658.63 KB) Category North Carolina Bankruptcy Cases Eastern District

MarketWatch offers a helpful article on obtaining credit after filing for personal bankruptcy. The article can be found at  https://www.marketwatch.com/guides/personal-loans/personal-loan-after-bankruptcy/In our experience, representing hundreds of individuals who have filed for personal bankruptcy, clients are generally able to obtain loans or credit 1.5 to 2 years after receiving their Bankruptcy Discharge.After a bankruptcy filing, we advise clients to save as much money as possible, obtain a secured credit card, and lease a reasonably priced car.The goal is to demonstrate responsible credit usage, which will then enable you to obtain credit.Jim Shenwick, Esq  917 363 3391  [email protected] Please click the link below to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt! 

You know it won’t go well for the creditor in a discharge violation case when the opinion opens by characterizing the debtor as a single mother and registered nurse who discovers her $20K bank balance is now negative. And sure enough, the debt buyer trying to collect a two-decade-old credit card debt ended up $64,000 […] The post Debt Buyers Pay A Lot Post-Taggart appeared first on Bankruptcy Mastery.

The debanked website is reporting that Covid SBA EIDL loan charge offs increased by $52 Billion in 2023.   Those charge offs equal 17.2% of the unpaid principal balance of SBA outstanding EIDL loans. The story can be found at https://debanked.com/2024/02/covid-eidl-charge-offs-explode-increase-by-more-than-51-billion-in-fy-2023/This report is unsurprising, as a rough estimate indicates that 75 to 80% of our clients have defaulted or are considering defaulting on their SBA EIDL loans.SBA EIDL loan defaults raise Debtor/Creditor, Bankruptcy, Tax and Personal guaranty issues. SBA EIDL loan defaults are also reported to Treasury Direct (IRS) and a 30% penalty is added to the balance due.The worst action a borrower in default on an SBA loan can take is to ignore the situation.As one famous lawyer said, prayer is not a legal strategy!At Shenwick & Associates, we have developed techniques & strategies to minimize tax and debtor/creditor issues involving an SBA EIDL default.To speak to Jim Shenwick, Esq about an SBA EIDL loan default you can call him at 917-363-3391 or email him at [email protected] click the link to schedule a telephone call with Jimhttps://calendly.com/james-shenwick/15min---James Shenwick, Esq SBA EIDL Blog Posts:SBA EIDL LOANS & CIVIL & CRIMINAL PENALTIES & BANKRUPTCY FILING Shttps://shenwick.blogspot.com/2024/01/sba-eidl-loans-civil-criminal-penalties.htmlDefaulted SBA EIDL Loans: In Reversal, U.S. to Heighten Efforts to Collect Billions in Unpaid Covid Loanshttps://shenwick.blogspot.com/2023/12/defaulted-sba-eidl-loans-in-reversal-us.htmlSBA EIDL Loan Defaults and the Statute of Limitations 12-24-2023https://shenwick.blogspot.com/2023/12/sba-eidl-loan-defaults-and-statute-of.htmlSBA EIDL Penalties if an SBA EIDL Loan is Not Repaidhttps://shenwick.blogspot.com/2023/12/sba-eidl-penalties-if-sba-eidl-loan-is.htmlMisuse or Misapply SBA EIDL Loan Proceeds and Chapter 7 Bankruptcy Filingshttps://shenwick.blogspot.com/2023/08/misuse-or-misapply-sba-eidl-loan.htmlSBA EIDL HARDSHIP PROGRA Mhttps://shenwick.blogspot.com/2023/07/sba-eidl-hardship-program.htmlDefaulted SBA EIDL Loans, Limited Liability Company (LLC) and Cancellation of Debt Income (COD) under Section 108 of the Internal Revenue Codehttps://shenwick.blogspot.com/2023/07/defaulted-sba-eidl-loans-limited.htmlOffers In Compromise ("OIC") for Defaulted SBA EIDL loans and Section 108 of the Internal Revenue Code ("IRC"), Relief of Indebted Income, a Trap for the Unwary!https://shenwick.blogspot.com/2023/05/offers-in-compromise-oic-for-defaulted.htmlEIDL LOAN WORKOUTS AND BANKRUPTCY    https://shenwick.blogspot.com/2022/07/eidl-loan-workouts-and-bankruptcy.htmlEIDL Loan Default Questions & Answers https://shenwick.blogspot.com/2022/10/eidl-loan-default-questions-answers.htmlEIDL LOAN DEFAULT DOCUMENT REVIEW, WORKOUT, BANKRUPTCY FILING & OFFER IN COMPROMIS Ehttps://shenwick.blogspot.com/2022/07/eidl-loan-default-document-review.htmlEIDL Defaulted Loanshttps://shenwick.blogspot.com/2022/07/eidl-defaulted-loans.htmlNew Relief Program for SBA EIDL Borrowers Who are Having Difficulty Repaying EIDL Loans " Hardship Accommodation Plan"https://shenwick.blogspot.com/2023/05/new-relief-program-for-sba-eidl.htmlEIDL LOANS and SBA OFFER IN COMPROMISE PROGRA Mhttps://shenwick.blogspot.com/2022/07/eidl-loans-and-sba-offer-in-compromise.htmlPPP & EIDL Fraudhttps://shenwick.blogspot.com/2022/08/ppp-eidl-fraud.html

In this day and age, virtually everyone has a social media presence of some kind. Facebook, X/Twitter, LinkedIn, Instagram, and many more platforms are used by billions of people worldwide. As most people know, there is a lot of information that can be obtained from these platforms. Most of the time that is no big deal. However, there has been a trend towards government bodies like the Social Security Administration using social media content to evaluate claims. If you are currently seeking disability coverage of some kind, you may be worried about whether the SSA or a private insurance company is allowed to use a social media presence against you in your claim. Social media posts can absolutely be used to hurt your case in a Pennsylvania disability claim. If someone evaluating an application to a federal program like SSDI or an insurance provider can find evidence that you are not disabled, such as videos of you doing physically demanding activities or posts talking about your new job, they can use that to torpedo your application. Accordingly, it is very important to be mindful of what you post on social media. Let our team of Pennsylvania disability lawyers look at your case when you call Young, Marr, Mallis & Associates at (215) 515-2954. Can Social Media Hurt My Pennsylvania Disability Claim It is extremely common for social media to hinder or outright destroy a disability claim or appeal. There are a number of ways that this can happen, which we will explain below. Posts Showing that You Are Not Disabled The most obvious way that a social media presence could hurt a disability claim is a public post showing you doing something that proves you are not disabled. For example, if you are claiming total disability and inability to work because you have lost a great deal of strength and range of motion in your arms, but the person evaluating your claim finds a video of you competing in a powerlifting competition the day after you filed your claim, that video on social media would seriously hurt your case. In fact, it would probably end your claim. “Private” Posts Some people may believe that if a post is marked “private” or something similar and shared only with friends, then it cannot be used against them. This is not true. There are many ways for those evaluating your disability claims to get a hold of this allegedly private information. If there is something that compromises your claim online, even if it is private, it can still hurt your case. When Do Disability Claim Evaluators Look at Social Media in Pennsylvania? There are slightly different rules for examining social media, depending on who you are seeking disability from. If you are seeking benefits from the Social Security Administration, they can only look at your post history if they are investigating you for fraud per HALLEX § I-3-2-40 – an internal set of rules the SSA uses when administering claims. So, if you are seeking federal disability benefits but are not actually disabled and the SSA suspects that you are not disabled, they can start looking into your post history. Private insurance companies, on the other hand, do not have those restrictions. They can look into your public or private social media presence whenever they want. If they find something compromising, they will use it to hurt your disability claim. Are Social Media Posts in Pennsylvania Reliable Evidence in Disability Cases? Social media posts do not tell a person’s entire story or situation. Sometimes, an application for disability benefits may be denied based on a post that appears disqualifying but is, in fact, anything but. For example, suppose you are claiming total physical disability but then post a video of you running in a marathon from a year before you were disabled. To someone looking into your disability claim, that video may look like disqualifying evidence, even though it is outdated. Our Philadelphia disability lawyers know this and can talk to people looking at your disability applications and insurance companies to make sure they understand this, too. How to Prevent Social Media Being Used Against Your Disability Claim in Pennsylvania There are many things you can do to help guard against social media being used against you in a disability claim. These things are important even if you know that you are actually disabled, as a claim evaluator may take something the wrong way and be skeptical of your case. Manage Privacy Settings Social media is always less private than you think. Some insurance providers may simply do a cursory glance at your page for anything that can be publicly seen. Accordingly, it is for the best that you keep social media as private as possible. An important thing to remember is that adverse parties may try to send you a friend request through a “dummy” account to access information marked private, so you should also be mindful of any new contacts that look strange or questionable on social media. Avoid New Posts Try not to post anything new to social media when you are applying for your claim. This is especially true if the post in question may put the truth of your claims into doubt. For example, any post of you doing something physically exerting may harm your case, even if the content is from before you were disabled. It may be good practice to delete those posts. You could also hurt your case if you talk about a new job if you are alleging that your disability prevents you from working. Search Yourself Online Another helpful thing you can do is search for yourself on Google and other search platforms. You may be surprised as to what is freely available. Our lawyers can also assist you in this process and examine anything that you feel is worthy of our attention. If we are aware of things that may cause insurance providers to incorrectly worry about your claim, we can better address them. Speak with Our Pennsylvania Disability Lawyers Now If you have questions or concerns about your situation, let our Bucks County, PA disability lawyers review it for free when you reach out to Young, Marr, Mallis & Associates at (215) 515-2954.