Archive

Archives: 02-01-2010 to 11-12-2010


Mark DeBofsky presented at the ABA ERISA Litigation conference, which took place on November 11-12, 2010 in Chicago, Illinois. posted 11/19/2010
The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin’s Workplace Issues section on November 15, 2010: Impact of fee-shifting awards for partial success? Click on the link to read the article. posted 11/16/2010
Clark v. Astrue, No. 09-cv-13929 (E.D. Mich. Nov. 4, 2010). The District Court issued a remand. Ms. Clark was represented by Frederick J. Daley with the assistance of Suzanne Blaz. posted 11/16/2010
The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin’s Workplace Issues section on November 1, 2010: How Federal Circuits Use De Novo Standard of Review? Click on the link to read the article. posted 11/2/2010

The National Spasmodic Dysphonia Association made Mark DeBofsky’s article, “Qualifying for Disability Benefits,” a stand-alone brochure.  Please click here to see this piece of literature.  posted 10/28/2010
Gayden v. Astrue, No. 09-cv-1122 (S.D. Ind. Oct. 28, 2010). The District Court issued a remand. Mr. Gayden was represented by Frederick J. Daley with the assistance of Suzanne Blaz. posted 10/28/2010
The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin’s Workplace Issues section on October 18, 2010: ERISA: a litigant’s toy and a judge’s nightmare? Click on the link to read the article. posted 10/18/2010
Pierce v. Astrue, No. 09-cv-280 (N.D. Ind. Oct. 13, 2010). In this case, the Government agreed to a voluntary remand. Ms. Pierce was represented by Frederick J. Daley with the assistance of Kimberly Jones. posted 10/18/2010
Dixon v. Astrue, No. 09-cv-1043 (N.D. GA. Oct. 6, 2010). The District Court issued a remand. Mr. Dixon was represented by Marcie Goldbloom. posted 10/18/2010
Fredenhagen v. Astrue, No. 09-cv-4926 (N.D. Ill. Oct. 5, 2010). The District Court issued a remand. Ms. Fredenhagen was represented by Marcie Goldbloom. posted 10/5/2010
Costello v. Astrue, No. 10-cv-290 (E.D. Wisc. Oct. 4, 2010). In this case, the Government agreed to a voluntary remand. Mr. Costello was represented by Frederick J. Daley with the assistance of Suzanne Blaz. posted 10/5/2010
The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin’s Workplace Issues section on October 4, 2010: Court analyzes psychiatric illness and work Click on the link to read the article. posted 10/5/2010

Raybourne v. Cigna.Life Ins.Co. of NY, 07-cv-3205, (N.D. Ill. Sept. 23, 2010). The District Court found Cigna’s decision to be arbitrary, particularly in light of its failure to consider the SSA decision, and granted Plaintiff’s motion for judgment. Mr. Raybourne was represented by Mark DeBofsky with assistance from Marcie Goldbloom. posted 9/28/2010. Whitehead v. Astrue, No. 10-cv-11014 (E.D. Mich. Sept 21, 2010). In this case, the Government agreed to a voluntary remand. Mr. Whitehead was represented by Frederick J. Daley with the assistance of Jessica Chen. posted 9/28/2010. Mark DeBofsky was recently notified that he will be named in the Top 100 list of Illinois Superlawyers 2011.  For more info on Illinois Superlawyers magazine lists, click here. Additionally, Mark recently completed a course to be certified as an arbitrator by the American Arbitration Association. posted 9/21/2010. Mark DeBofsky appeared in front of the Senate Finance Committee on September 28, 2010 on the issue, “Do Private Long-Term Disability Policies Provide the Protection They Promise?” See invitation here. Mark’s written testimony is available here and a link to a video of his testimony is here. posted 9/21/10. Both Mark DeBofsky & Frederick J. Daley presented at the September 2010 NOSSCR conference held in Chicago, Illinois from September 23, 2010 through September 26, 2010. The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin’s Workplace Issues section on September 20, 2010: The duty to notify of post-employment rights Click on the link to read the article. posted 9/21/2010. On September 2nd and 3rd, 2010, the Central District Court of Illinois remanded the cases of Pickett v. Astrue, No. 09-cv-2093; Hughes v. Astrue, No. 09-cv-2001; Mann v. Astrue, No. 09-cv-2040. These plaintiffs were represented by Frederick J. Daley with the assistance of Suzanne Blaz. posted 9/13/2010. Mark DeBofsky answered questions at the AAJ teleseminar titled, ERISA SUBROGATION AND MEDICARE SET-ASIDES: What Every Personal Injury Lawyer Needs to Know, which took place on September 11, 2010 from 1-2:30 p.m. POSTED 9/11/2010.


The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin’s Workplace Issues section on August 30, 2010: Using SSDI applications to screen disability claims. Click on the link to read the article. posted 8/30/2010 McCabe v. Astrue, No. 08-cv-2311 (C.D. Ind. Aug. 20, 2010). The District Court issued a remand. Mr. McCabe was represented by Frederick J. Daley with the assistance of Gregory Benker. The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin’s Workplace Issues section on August 9, 2010: A court wades through how a disability is defined. Click on the link to read the article. Holmstrom v. Metro.Life Ins.Co., 2010 U.S.App.LEXIS 16123 (7th Cir. August 4, 2010). The Seventh Circuit issued a remand. Ms. Holmstrom was represented by Mark DeBofsky. Thompson v. Astrue, No. 09-cv-548 (N.D. Ind. Aug. 6, 2010). The District Court issued a remand. Ms. Thompson was represented by Frederick J. Daley with the assistance of Suzanne Blaz. Copeland v. Astrue, No. 09-cv-4861 (N.D. Ill. July 23, 2010). The District Court issued a remand. Ms. Copeland was represented by Frederick J. Daley with the assistance of Suzanne Blaz. Reynolds v. Astrue, No. 09-cv-537 (E.D. Wisc. July 21, 2010). The District Court issued a remand. Ms. Reynolds was represented by Frederick J. Daley with the assistance of Heather Freeman andco-counsel with Thomas Bush. Edwards v. Astrue, No. 09-cv-3187 (N.D. Ga. July 19, 2010). The District Court issued a remand. Ms. Edwards was represented by Marcie E. Goldbloom.POSTED 8/9/2010


On July 28, 2010, Mark DeBofsky spoke at the ABA Tort Trial & Insurance Practice Section’s Life Insurance Law Committee teleconference about “Attorney’s Fees under ERISA after the Supreme Court’s decision in Hardt v. Reliance Standard Ins. Co.” The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin’s Workplace Issues section on July 26, 2010: A ruling that could protect thousands of claimants. Click on the link to read the article.POSTED 7/28/2010


Goble v. Astrue, No. 09-2851 (7th Cir. July 14, 2010). The Seventh Circuit issued a remand. Ms. Goble was represented by Frederick J. Daley and Marcie E. Goldbloom with assistance from Suzanne Blaz and oral argument by James Balanoff. Sanders v. Astrue, No. 08-cv-2264 (C.D. Ill. July 13, 2010). The District Court issued a remand. Ms. Sanders was represented by Frederick J. Daley with the assistance of Suzanne Blaz. Beardsley v. Astrue, No. 09-cv-874 (E.D. Wisc. May 20, 2010). The District Court issued a remand. Ms. Beardsley was represented by Frederick J. Daley with assistance from Suzanne Blaz. The Government agreed to voluntary remands in the following cases in June of 2010: Hunter-Elko v. Astrue, No. 09-cv-1933 (D. NV. June 11, 2010), Lee v. Astrue, No. 10-cv-09 (W.D. WI June 16, 2010)  and Koehler v. Astrue, No. 10-cv-1176 (N.D. Ill. June 23, 2010). These clients were represented by Frederick J. Daley with assistance from Sandra Dye and Suzanne Blaz. POSTED 7/15/2010


David A. Bryant will be speaking about Medicare at the Annual AAJ convention in July 2010.  David is a chair to the ERISA, Health and Disability Insurance Litigation Group.  For more information, click here. The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin’s Workplace Issues section on July 12, 2010: The standard of review can affect application of offsets. Click on the link to read the article. POSTED 7/12/2010


On June 24, 2010, David A. Bryant spoke at the ACI’s 13th National advance Forum on Litigating Disability Insurance claims. POSTED 6/24/2010


The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin’s Workplace Issues section on June 21, 2010: Accidental death benefits to survivors of drunken drivers. Click on the link to read the article. POSTED 6/22/2010


The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin’s Workplace Issues section on June 7, 2010: Considering a ‘prevailing party’ requirement. Click on the link to read the article. POSTED 6/8/2010


The following article by Mark DeBofsky appeared in the Hawaii Dental Journal in Vol 40, No. 5 2009: What Every Dentist Needs to Know About ERISA Click on the link to read the article. POSTED 6/2/2010


On May 28, 2010, Mark DeBofsky spoke at the 10th Patient/Caregiver Symposium, entitled “The Rush Parkinson’s Disease Symposium held in Chicago from 12p.m. to 4:30 p.m. at the O’Hare Hyatt Regency.POSTED 5/28/2010


On May 19-21, 2010, Mark DeBofsky will be co-chairing the ERISA Basics conference to be held in Chicago, and will be speaking about the impact of HIPAA and COBRA on health benefits on May 21, 2010 at 8:30 a.m. Walker v. Astrue, No. 09-cv-874 (E.D. Wisc. May 20, 2010). The District Court issued a remand. Ms. Walker was represented by Heather Freeman and Frederick J. Daley. McClesky v. Astrue, No. 09-2723 (7th Cir. May 18, 2010). The Seventh Circuit issued a remand. Ms. McClesky was represented by Marcie E. Goldbloom and Sandra Dye with assistance from Suzanne Blaz.POSTED 5/20/2010


Dixon v. Astrue, No. 09-cv-1043 (N.D. Ga. May 17, 2010). The District Court issued a remand. Mr. Dixon was represented by Marcie E. Goldbloom. The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin’s Workplace Issues section on May 17, 2010: Comparing an ERISA benefit to a payroll practice Click on the link to read the article. On Friday May 14, 2010, Frederick J. Daley and Heather Freeman spoke at the semi-annual NOSSCR conference in a session titled, “Addressing Vocational Testimony at Step Five.” McCormick v. Astrue, No. 09-cv-227 (N.D. Ind. May 11, 2010). The District Court issued a remand. Mr. McCormick was represented by Frederick J. Daley with the assistance of Suzanne Blaz. Smith v. Astrue, No. 09-cv-101 (N.D. Ind. May 6, 2010). The District Court issued a remand. Ms. Smith was represented by Frederick J. Daley and Sandra Dye. Hamilton v. Astrue, No. 09-cv-11553 (E.D. Mich. May 6, 2010). The District Court issued a remand for calculation of benefits; an outright reversal and award of benefits. Ms. Hamilton was represented by Frederick J. Daley with the assistance of Suzanne Blaz. Huber v. Astrue, No. 09-cv-1292 (C.D. Ill. May 3, 2010). The District Court issued a remand. Mr. Huber was represented by Frederick J. Daley with the assistance of Suzanne Blaz. POSTED 5/17/2010


The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin’s Workplace Issues section on May 3, 2010: Do complaints of debilitating pain result in disability? Click on the link to read the article. POSTED 5/10/2010


On April 27, 2010, Mark DeBofsky and Frederick J. Daley spoke on a panel called, “You’ve Won!  Now What??”  Payment Processing and offsets, from A to Z at the 2010 Chicago NADR conference. On April 24, 2010, Gregory Benker presented, “How to Spot an ERISA Plan (and avoid it) & the Top 10 Tips for Applying for Disability Benefits” at Loyola University Stritch School of Medicine. On April 20, 2010, Mark DeBofsky spoke at the BNA Webinar about, “Discretionary Clauses Under Fire: The Future of Discretionary Clauses in Health, Disability, and Life Insurance Plans.” POSTED 4/27/2010


Mabie v. Astrue, No. 09-cv-281 (N.D. Ind. April 20, 2010). The Government agreed to voluntary remand after the case had been briefed by Frederick J. Daley with the assistance of Suzanne Blaz. POSTED 4/20/2010


The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin’s Workplace Issues section on April 19, 2010: Courts face challenges with ERISA, limitations period.  Click on the link to read the article. McKinnie v. Astrue, No. 09-cv-83 (N.D. Ind. April 16, 2010). The District Court issued a remand for an award of benefits. Mr. McKinnie was represented by Heather Freeman and Frederick J. Daley. Richards v. Astrue, No. 09-2595 (7th Cir. April 13, 2010). The Seventh Circuit issued a remand. Ms. Richards was represented by Marcie E. Goldbloom and Frederick J. Daley. POSTED 4/19/2010


The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin’s Workplace Issues section on April 5, 2010: How the courts address ‘legal’ disabilities.  Click on the link to read the article. POSTED 4/5/2010


Shepherd v. Astrue, No. 09-cv-2156 (C.D. Ill. Mar. 31, 2010). The Government agreed to voluntary remand after the case had been briefed byFrederick J. Daley with the help of Suzanne Blaz and Stephanie Tomal. Grooms v. Astrue, No. 08-cv-14189 (E.D. Mich. Mar. 31, 2010). The District Court issued a remand. Ms. Grooms was represented by Frederick J. Daley. Brady v. Astrue, No. 08-cv-4216 (N.D. Ill. Mar. 16, 2010). The District Court issued a remand. Ms. Brady was represented by Frederick J. Daley and Marcie E. Goldbloom. POSTED 4/1/2010


On March 18, 2010, Frederick J. Daley, Marcie Goldbloom and Suzanne Blaz spoke at the CBA Social Security Law Committee about the representation of claimants at the Federal District Court level. Brady v. Astrue, No. 08-cv-4216 (N.D. Ill. Mar. 16, 2010). The District Court issued a remand. Ms. Brady was represented by Frederick J. Daley and Marcie E. Goldbloom. Mark DeBofsky was recently quoted by Lawrence Kelley in his article, The “Medical Occupation” Definition of Disability: Don’t Believe the Hype. POSTED 3/18/2010


The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin’s Workplace Issues section on March 15, 2010: Court looks at deficiencies in determining disability.  Click on the link to read the article. POSTED 3/15/2010


Page v. Astrue, No. 09-cv-210 (E.D. Ken. Mar. 8, 2010). The District Court issued a remand. Ms. Page was represented by Frederick J. Daley and Marcie E. Goldbloom. POSTED 3/8/2010


Smith v. Astrue, No. 09-cv-41 (E.D. Wis. Mar. 2, 2010). The District Court issued a remand. Mr. Smith was represented by Frederick J. Daley with assistance from Kimberly Jones. The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin’s Workplace Issues section on March 1, 2010: How CIGNA handles or mishandles disability claims. Click on the link to read the article. Halbrook v. Astrue, No. 07-cv-150 (W.D. Mich. Feb. 18, 2010). The District Court issued a remand. Ms. Halbrook was represented by Frederick J. Daley with assistance from Suzanne Blaz. Evans v. Astrue, No. 09-cv-132 (N.D. Ind. Feb. 18, 2010). The District Court issued a remand. Mr. Evans was represented by Frederick J. Daley with assistance from Suzanne Blaz. POSTED 3/2/2010


The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin’s Workplace Issues section on February 16, 2010: Who gets the last word in an ERISA claim appeal? Click on the link to read the article. POSTED 2/16/2010


Conley v. Astrue, No. 08-cv-2234 (C.D. Ill. Feb. 5, 2010). The District Court issued a remand. Mr. Conley was represented by Frederick J. Daley with assistance from Suzanne Blaz. POSTED 2/11/2010


The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin’s Workplace Issues section on February 1, 2010: A split in the circuits exists for ERISA benefit disputes.  Click on the link to read the article. POSTED 2/1/2010


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