What’s New

RECENT ACCOLADES

Daley, DeBofsky and Bryant has been shortlisted as ERISA Law Firm of the Year – USA for 2013 by Finance Monthly UK.

On August 28, 2012, Mark DeBofsky testified before the ERISA Advisory Council of the United States Department of Labor at a hearing on the subject of “Managing Risks in an Environment of Individual Responsibility.” Click Here

Frederick J. Daley, Mark DeBofsky & Marcie E. Goldbloom were named in the Top Ten Social Security Disability lawyers for 2012 by the Leading Lawyers Network. Mark DeBofsky was also named a Top Ten Plaintiff’s Employment lawyer. Click here to see the list.

Mark DeBofsky earned a place on the Illinois SuperLawyer 2012 Top 100 list for the third consecutive year. Also listed were Frederick J. Daley as a SuperLawyer in Social Security benefits, and Greg Benker as a Rising Star in ERISA litigation. The three of them are pictured in Chicago Magazine’s coverage of the Illinois SuperLawyers.

Mark DeBofsky is a recipient of Finance Monthly Magazine’s 2011 Law Awards in the field of ERISA.

In their 2010 and 2011 issues, Illinois SuperLawyers Magazine named Mark DeBofsky as a Super Lawyer in the field of Employee Benefits & ERISA ranking him one of the Top 100 Lawyers in the State of Illinois. In their November 2010 Women’s Edition, Leading Lawyers Magazine named Marcie Goldbloom as a leading lawyer in the field of Social Security disability law.

U.S. SUPREME COURT REVIEW

For information on Daley, DeBofsky & Bryant’s attempts to seek Supreme Court review, click here.

In March of 2010, Mark DeBofsky filed an Amicus Brief in Hardt v. Reliance, Case No.: 09-448 on behalf of United Policyholders, in a case before the Supreme Court involving the issue of ERISA fees. On May 24, 2010, the Supreme Court remanded the case, holding that the attorney was entitled to fees, contrary to the 4th Cir’s ruling, under sec. 1132(g)(1). For the opinion, click here.

AWARDS, ARTICLES & RECENT COURT DECISIONS:

Plump v. Commissioner of Social Security, Case 2:12-cv-00257-APR (N.D. Ind. June 4, 2013). The Court remanded this case for further proceedings. Mr. Plump was represented by Frederick J. Daley.

Byerley v. Commissioner of Social Security, Case 1:12-cv-00091-JEM (N.D. Ind. May 14, 2013). The Court remanded this case for further proceedings. Ms. Byerley was represented by Frederick J. Daley.

In the attached opinion from Zaccone v. Standard Life Insurance Company, the court holds that the US Supreme Court decision in Conkright v. Frommert does not nullify the Illinois statute prohibiting the inclusion of discretionary language in health and welfare insurance policies and that state statutes banning discretionary language are not violative of congressional intent. The court holds that the Illinois statute is not preempted by ERISA. As a result, the court concludes that the de novo standard of review will apply. The May 1, 2013 memorandum and order is also available at 2013 U.S. Dist. LEXIS 62062. Click here For More Details

Noble v. Astrue, Case 1:11-cv-08530 (N.D. Ill. April 29, 2013). The Court remanded this case for further proceedings. Mr. Noble was represented by Frederick J. Daley with the assistance of Richard Hu.

More coverage regarding the Krupp v Liberty court decision here

Daley, DeBofsky & Bryant client wins long-term disability insurance claim. Judge Matthew Kennelly concluded that Liberty Life and Accident Insurance Company’s denial of long-term disability benefits was “arbitrary and capricious.” Click here

Richardson v. Commissioner of Social Security, Case 2:12-cv-10131-AC-MKM (E.D. Mich. Mar 26, 2013). The Court remanded this case for further proceedings. Mr. Richardson was represented by Frederick J. Daley.

Pitts v. Astrue, Case 2:12-cv-00039-WTL-WGH (S.D. Ind. Mar 7, 2013). The Court remanded this case for further proceedings. Ms. Pitts was represented by Frederick J. Daley with the assistance of Brynna Gang.

Frederick v. Commissioner of Social Security, Case 1:11-cv-00537-JGS (W.D. Mich. Mar 15, 2013). The Court remanded this case for further proceedings. Ms. Frederick was represented by Frederick J. Daley with the assistance of Richard Hu and Suzanne Blaz.

Vercel v. Commisioner of Social Security, Case 2:11-cv-00487-APR (N.D. Ind. Mar. 25, 2013). The Court remanded this case for further proceedings. Mr. Vercel was represented by Frederick J. Daley .

Clark v. Commisioner of Social Security, Case 2:11-cv-00300-PRC (N.D. Ind. Mar. 25, 2013). The Court remanded this case for further proceedings. Mr. Clark was represented by Frederick J. Daley .

Moore v. Commisioner of Social Security, Case 1:11-cv-01052-ESC (W.D. Mich. Mar. 22, 2013). The Court remanded this case for further proceedings. Ms. Moore  was represented by Frederick J. Daley and Marcie Goldbloom.

Williams v. Commisioner of Social Security, Case 2:11-cv-00441-PRC (N.D. Ind. Mar. 20, 2013). The Court remanded this case for further proceedings. Mr. Williams was represented by Frederick J. Daley.


Hackman v. Astrue
, Case 2:12-cv-00054-APR (N.D. Ind. Mar. 18, 2013). The Court remanded this case for further proceedings. Ms. Hackman was represented by Frederick J. Daley.

Williams v. Astrue, Case 2:12-cv-00026-WTL-WGH (S.D. Ind. Mar. 13, 2013). The Court remanded this case for further proceedings. Ms. Williams was represented by Frederick J. Daley with the assistance of Richard Hu.

Bell v. Astrue, Case 1:12-cv-06171 (N.D. Ill. Mar. 12, 2013). The Court remanded this case for further proceedings. Ms. Bell was represented by Frederick J. Daley and Marcie Goldbloom.

Ludwig v. Colvin, Case 2:12-cv-00572-WEC (E.D. Wisc. Mar. 11, 2013). The Court remanded this case for further proceedings. Ms. Ludwig was represented by Frederick J. Daley with the assistance of Heather Freeman.

Green v. Commissioner of Social Security, Case 1:12-cv-00394-PPS-PRC (N.D. Ind. Mar. 11, 2013). The Court remanded this case for further proceedings. Mr. Green was represented by Frederick J. Daley.

Long v. Astrue, Case 1:12-cv-00239-WTL-MJD (S.D. Ind. Mar. 5, 2013). The Court remanded this case for further proceedings. Ms. Long was represented by Frederick J. Daley.

Smith v. Commissioner of Social Security, Case 2:10-cv-12691-NGE-MKM (E.D. Mich. Mar. 1, 2013). The Court remanded this case for further proceedings. Ms. Smith was represented by Frederick J. Daley.

Kangas v. Astrue, Case 3:12-cv-00091-BBC (W.D. Wisc. Mar. 1, 2013). The Court remanded this case for further proceedings. Mr. Kangas was represented by Frederick J. Daley.

Hollister v. Colvin, Case 2:12-cv-00052-PRC (N.D. Ind. Feb. 26, 2013). The Court remanded this case for further proceedings. Mr. Hollister was represented by Frederick J. Daley.

Is it anti-Semitism if you’re not really Jewish? DeBofsky wins unusual discrimination case before Equal Employment Opportunity Commission.

Mark DeBofsky prevailed in Raybourne v. Cigna Life Insurance Company, No. 11-1295 & 11-1427. The District Court affirmed the insurance company’s denial was based on a conflict of interest rather than on the facts and terms of the insurance policy. More information can be found here

More media coverage regarding the Stephan v. Unum case found here

Allison Bell at LifeHealthPro is also covering the Stephan v Unum case. Please read her article at the following link

The non-profit insurance consumer organization, United Policyholders, is covering the Stephan v. Unum case here

Mark DeBofsky recently won Stephan v. Unum, No. 10-16840 (6th Cir.) In this case, the Sixth Circuit remanded finding that the fiduciary exception to attorney-client privilege applied herein to Unum’s pre-decision, internal memoranda, and instructed the district court to re-evalute conflict of interest on remand, noting Unum’s history of biased decision-making and several aspects that suggested bias, which infiltrated the entire decision-making process. Additionally, the district court was instructed to determine whether Unum abused its discretion in failing to include Mr. Stephan’s bonus in its pre-disability earnings calculation. For the opinion, click here.

On January 17, 2012, Mark DeBofsky appeared before the Seventh Circuit to argue on behalf of the Plaintiffs in Schultz et al. v. Avail, Inc. LTD plan et al., Case No.: 11-2889, against the Prudential-insured plans that wrongfully withheld disability benefits based on Social Security disability payments to the plaintiffs’ dependents. Law 360 published an article commenting on the argument, which you can read here. Additionally, you can listen to the oral argument here.

A win by Mark DeBofsky and Daley, DeBofsky & Bryant was the subject of an article by Steven Garmisa in Chicago Daily Law Bulletin titled “Judge rejects offset for tort proceeds under disability policy” (August 17, 2011). In the lawsuit, Daley, DeBofsky & Bryant successfully argued that a disability insurer’s efforts to offset the proceeds of a medical malpractice settlement from long-term disability payments were unlawful.

Mark DeBofsky’s article “Why the Supreme Court’s Definition of ‘Civil Action’ Should Lead to an Overhaul of ERISA Civil Procedure” was featured in the American Bar Association Employee Benefits Committee Newsletter Summer 2012 Issue.

“A Brief Guide to Disability Insurance. Various factors can work in a claimant’s favor” by Mark DeBofsky has been published in Chicago Medicine Magazine July 2012 issue. Reprinted with the permission of the Chicago Medical Society.

“What is ERISA” by Mark DeBofsky has been published in Chicago Medicine Magazine September 2012 issue. Reprinted with the permission of the Chicago Medical Society.

Birton v. Astrue, Case 3:11-cv-00430-RL-CAN (N.D. Ind. Nov. 26, 2012). The Court remanded this case for further proceedings. Ms. Birton was represented by Frederick J. Daley with the assistance of Suzanne Blaz.

Febles v. Astrue, Case No 1:12-cv-00692 (N.D. Ill. Oct. 1, 2012). The Court remanded this case for further proceedings. Ms. Febles was represented by Frederick J. Daley with the assistance of Austin McGreal.

Hooghuis v. Astrue, Case No 2:11-cv-00174-PRC (N.D. Ind. Sept. 30, 2012). The Court remanded this case for further proceedings. Ms. Hooghuis was represented by Frederick J. Daley with the assistance of Richard Hu and Suzanne Blaz.

Murray v. Astrue, Case No 2:11-cv-02252-DGB (C.D. Ill. Sept. 28, 2012). The Court remanded this case for further proceedings. Mr. Murray was represented by Frederick J. Daley with the assistance of Marcie Goldbloom.

Howard v. Astrue, Case No 4:11-cv-04021-SLD (C.D. Ill. Sept. 28, 2012). The Court remanded this case for further proceedings. Mr. Howard was represented by Frederick J. Daley with the assistance of Richard Hu and Suzanne Blaz.

Reid v. Astrue, Case No 2:10-cv-13776-AJT-MKM (E.D. Mich. Sept. 21, 2012). The Court remanded this case for further proceedings. Ms. Reid was represented by Frederick J. Daley with the assistance of Meredith Marcus and Suzanne Blaz.

Nix v. Astrue, Case No 1:11-cv-06897 (N.D. III. Sept. 18, 2012). The Court remanded this case for further proceedings. Mr. Nix was represented by Frederick J. Daley with the assistance of Meredith Marcus and Suzanne Blaz.

Brown v. Astrue, Case No.: 2:11-cv-00225 (N.D. Ind. Sept. 12, 2012). The Court remanded this case for further proceedings. Mr. Brown was represented by Frederick J. Daley with the assistance of Suzanne Blaz.

Collison v. Astrue, Case No.: 2:11-cv-11102 (E.D. Mich. Aug. 22, 2012). The Court remanded this case for further proceedings. Mr. Collison was represented by Frederick J. Daley with the assistance of Richard Hu and Suzanne Blaz.

Myers v. Astrue, Case No.: 3:11-cv-00403 (N.D. Ind. Aug. 17, 2012). The Court remanded this case for further proceedings. Ms. Myers was represented by Frederick J. Daley with the assistance of Richard Hu and Suzanne Blaz.

Weller v. Astrue, Case No.: 3:10-cv-50164 (N.D. Ill. Aug. 14, 2012). The Court remanded this case for further proceedings. Ms. Weller was represented by Frederick J. Daley with the assistance of Suzanne Blaz.

Miller v. Astrue, Case No.: 2:11-cv-2081 (C.D. Ill. Aug. 9, 2012). The Court remanded this case for further proceedings. Mr. Miller was represented by Frederick J. Daley with the assistance of Richard Hu and Suzanne Blaz.

Button v. Astrue, Case No.: 1:11-cv-3558 (N.D. Ill. July 30, 2012). The Court remanded this case for further proceedings. Ms. Button was represented by Frederick J. Daley with the assistance of Suzanne Blaz.

Zinis v. Astrue, Case No.: 2:11-cv-15471 (E.D. Mich. July 27, 2012). Defendant agreed to a voluntary remand after an opening brief was filed by Frederick J. Daley with the assistance of Meredith Marcus and Suzanne Blaz.

Gravina v. Astrue, Case No.: 1:10-cv-6753 (N.D. Ill. July 23, 2012). The Court remanded this case for further proceedings. Ms. Gravina was represented by Frederick J. Daley and Marcie E. Goldbloom with the assistance of Suzanne Blaz.

Stewart v. Astrue, Case No.: 09-cv-2062 (N.D. Ill. July 20, 2012). The Court remanded this case for further proceedings. Mr. Stewart was represented by Frederick J. Daley with the assistance of Suzanne Blaz.

Foster v. Astrue, Case No.: 2:11-cv-02675 (E.D. Cal. July 20, 2012). Defendant agreed to a voluntary remand after an opening brief was filed by Frederick J. Daley with the assistance of Richard Hu and Suzanne Blaz.

Yost v. Astrue, Case No.: 1:11-cv-1423 (N.D. Ill. July 10, 2012). The Court remanded this case for further proceedings. Ms. Yost was represented by Frederick J. Daley with the assistance of Suzanne Blaz and Marie Casciari.

Ballas v. Astrue, Case No.: 3:12-cv-00246 (W.D. Wisc. July 5, 2012). Defendant agreed to a voluntary remand for further proceedings. Mr. Ballas was represented by Frederick J. Daley and Thomas E. Bush with the assistance of Suzanne Blaz.

Perez v. Astrue, Case No.: 1:11-cv-3153 (W.D. Wisc. July 3, 2012). The Court remanded this case for further proceedings. Ms. Perez was represented by Frederick J. Daley with the assistance of Suzanne Blaz and Meredith Marcus.

Goetsch v. Astrue, Case No.: 2:11-cv-00410 (E.D. Wisc. June 29. 12, 2012). The Court remanded this case for further proceedings. Mr. Goetsch was represented by Frederick J. Daley and Thomas E. Bush with assistance from Heather Freeman.

Andujal v. Astrue, Case No.: 2:11-cv-01035 (E.D. Wisc. June 28, 2012). The Court remanded this case for further proceedings. Ms. Andujal was represented by Frederick J. Daley and Thomas E. Bush with assistance from Heather Freeman.

Allen v. Astrue, Case No.: 1:11-cv-3159 (N.D. Ill. June 22, 2012). The Court remanded this case for further proceedings. Mr. Allen was represented by Frederick J. Daley and Marcie E. Goldbloom with the assistance of Suzanne Blaz.

Marlow v. Astrue, Case No.: 1:11-cv-957 (N.D. Ill. June 13, 2012). Defendant agreed to a voluntary remand for further proceedings. Mr. Marlow was represented by Frederick J. Daley and Marcie E. Goldbloom with the assistance of Suzanne Blaz.

Mark DeBofsky’s article “Why the Supreme Court’s Definition of ‘Civil Action’ Should Lead to an Overhaul of ERISA Civil Procedure” was featured in the American Bar Association Employee Benefits Committee Newsletter Summer 2012 Issue.

Dross-Swart v. Astrue, Case No.: 2:11-cv-00175 (N.D. Ind. May 30, 2012). The Court remanded this case for further proceedings. Ms. Dross-Swart was represented by Frederick J. Daley with the assistance of Richard Hu and Suzanne Blaz.

Young v. Astrue, Case No.: 2:11-cv-00307 (E.D. Wisc. Apr. 30, 2012). The court remanded the case for further proceedings. Mr. Young was represented by Frederick J. Daley and Thomas E. Bush with assistance from Heather Freeman.

Williams v. Astrue, Case No.: 1:11-cv-2185 (N.D. Ill. Apr. 30, 2012). The court remanded the case for further proceedings. Mr. Williams was represented by Frederick J. Daley with assistance from Heather Freeman.

Irby v. Astrue, Case No.: 1:11-cv-5335 (N.D. Ill. Apr. 25, 2012). The court remanded the case for further proceedings. Mr. Irby was represented by Marcie E. Goldbloom and Frederick J. Daley.

Kraskowski v. Astrue, Case No.: 1:11-cv-596 (N.D. Ill. Apr. 18, 2012). The court remanded the case for further proceedings. Mr. Krasowski was represented by Frederick J. Daley with the assistance of Suzanne Blaz.

Guess v. Astrue, Case No.: 2:11-cv-2191 (C.D. Ill. Apr. 17, 2012). In this case, the Government agreed to voluntary remand after we filed an opening brief. Ms. Guess was represented by Frederick J. Daley with assistance from Richard Y. Hu and Suzanne Blaz.

Percy v. Astrue, Case No.: 1:11-cv-3286 (N.D. Ill. Apr. 17, 2012). In this case, the Government agreed to voluntary remand after we filed an opening brief. Ms. Percy was represented by Frederick J. Daley with the assistance of Marie Casciari.