Archives

Archives: 3/6/03 to 12/23/03

Crespo v. Unum Life Insurance Co. of America, 294 F. Supp. 2d 980 (N.D. Ill. 2003).  United States Magistrate Judge Morton Denlow granted summary judgment to Ms. Crespo, and awarded all back payments as well as future disability benefits, interest, and attorneys’ fees.  The court determined that Unum’s decision to deny Ms. Crespo’s benefits was, “arbitrary and capricious because its assessment of her claim was neither full nor fair.”  Specifically, Judge Denlow cited to instances where Unum arbitrarily rejected multiple treating doctors’ opinions that were favorable to Ms. Crespo, who suffers from fibromyalgia, and then simply denied her claim based upon a lack of evidence showing the worsening of her condition at or near her date last worked.  Mark D. DeBofsky represented Ms. Crespo on behalf of the firm.

posted 12/23/2003 1:52:10 PM


Mark DeBofsky testifies before NAIC, Mark DeBofsky testified on Monday, December 8, 2003, before the National Association of Insurance Commissioners (NAIC) at their meeting in Anaheim, California on the topic of disability insurance and ERISA. His testimony underlined the reality that discretionary clauses are the vehicle by which ERISA is transformed from an employee’s sword into a near impenetrable shield, thereby discouraging deserving claimants from pursuing meritorious claims.

Read Testimony(.pdf)

posted 12/10/2003 3:48:10 PM


The Basics of Employee Benefits Law for Small Businesses, 1/15/2004 (Springfield, IL) and 1/21/2004 (Chicago).  Mark DeBofsky will be speaking on Employee Benefits Issues with Mark Casciari from Seyfarth, Shaw, LLP., Chicago, Il, at this program sponsored by the Illinois Institute for Continuing Legal Education (IICLE).

Course Info | IICLE Homepage

posted 12/10/2003 3:48:10 PM


Supplemental Needs Trusts and Satisfying Medicare, 1/17/2004.  David A. Bryant will be speaking at the Settlements on Settlements seminar sponsored by the Illinois Trial Lawyers Association(ITLA). The venue is the Double Tree Guest Suites Hotel at 198 E Delaware Street in Chicago. For more information contact ITLA at 1-800-252-8501.

Seminar info | ITLA Homepage

posted 12/10/2003 4:18:40 PM


Medicare Liens, Set Asides and Set Aside Trusts, 2/11/2004 and 2/16/2004.  David A. Bryant will be lecturing in both Chicago and Collinsville, IL at the Advanced Worker’s Compensation Seminar presented by the Illinois State Bar Association (ISBA) Workers Compensation Law Section. For registration information call the ISBA at 1-800-252-8908.

Course info | ISBA homepage

posted 12/10/2003 4:20:32 PM


Daley, DeBofsky & Bryant win in United States Court of Appeals. In a decision issued on November 17, 2003, the United States Court of Appeals for the Seventh Circuit issued a ruling overturning the lower court and reinstating benefits owed to client Barry Hackner. Hackner v. Long Term Disability Plan for Employees of Havi Group, 2003 U.S.App.LEXIS 23605. The court found that Hartford, the disability insurer, acted arbitrarily and capriciously in terminating benefits that had been paid for several years in the absence of any medical improvement.

View Unpublished Order in .PDF format

posted Sunday, December 7, 2003 | 7:00 PM


Young v. Barnhart, No. 03 C 2676 (October 20, 2003). District Judge Ruben Castillo granted judgment to Daley, DeBofsky & Bryant client, Sylvester Young, finding that the ALJ failed to perform a borderline age analysis.  Mr. Young’s case was remanded to the Social Security administration for further proceedings.  Fred Daley represented Mr. Young on behalf of the firm with the assistance of law student Heather Aloe.

posted Friday, October 24, 2003 | 4:00 PM


Holland v. Barnhart, No. 02 C 8398 (September 4, 2003). District Judge Marvin E. Aspen granted motion to remand to Daley, DeBofsky & Bryant client, Tracey Holland.  The government agreed that the ALJ’s decision contained “a substantial number of omissions and errors” and remanded the case to the Social Security administration for a re-hearing with instructions to correct these errors. Fred Daley represented Ms. Holland on behalf of the firm, assisted by associate Jim Comerford.

posted Tuesday, September 9, 2003 | 6:00 PM


McGinnis-Overton v. Barnhart,No. 02 C 5726 (August 19, 2003). United States Magistrate Judge Edward A. Bobrick granted judgment to Daley, DeBofsky & Bryant client, Hazel McGinnis-Overton, remanding the case to the Social Security administration for further proceedings.  Fred Daley and Marcie Goldbloom represented Ms. McGinnis-Overton on behalf of the firm.

posted Friday, August 29, 2003 | 2:00 PM


Elem v. Barnhart, No. 02 C 7793 (August 11, 2003). United States Magistrate Judge Arlander Keys granted judgment to Daley, DeBofsky & Bryant client, Ernestine Elem, remanding the case to the Social Security administration for further proceedings.  Fred Daley and Jim Comerford represented Ms. Elem on behalf of the firm.

posted Friday, August 29, 2003 | 2:00 PM


Jones v. Reliance Standard Life Ins. Co., No. 01 C 2735 (July 23, 2003). United States District Judge George M. Marovich granted judgment to Daley, DeBofsky & Bryant client, Debra Jones, ruling that Reliance improperly denied Jones benefits.  Mark D. DeBofsky represented Ms. Jones on behalf of the firm.

posted Monday, July 28, 2003 | 10:00 PM


Embry v. Barnhart, No. 02 C 3821 (July 17, 2003). United States District Judge Geraldine Soat Brown granted judgment to Daley, DeBofsky & Bryant client, Willie Embry, remanding the case to the Social Security administration for further proceedings.  Fred Daley represented Mr. Embry on behalf of the firm.

posted Monday, July 28, 2003 | 10:00 PM


Kasarsky v. Barnhart, No. 01 C 1866 (April 5, 2002). United States 7th Circuit Court of Appeals recently published this opinion by Judges Bauer, Coffey, and Wood.  The opinion reverses the Social Security Commissioners decision for failing to consider the impact of Kasarsky’s limitations at step 5 of the sequential analysis.  Fred Daley in conjunction with attorney Barry Schultz represented Mr. Kasarsky.

posted Monday, July 28, 2003 | 10:00 PM


Prosecuting and Defending the ERISA Disability Case After Black & Decker v. Nord, Monday, July 28, 2003.  Mark DeBofsky will participate in a teleconference panel discussion sponsored by the American Bar Association.  Call 1-800-285-2221 for more information.

posted Wednesday, July 23, 2003 | 4:00 PM


Employee Benefits Litigation, course taught by Mark DeBofsky at John Marshall Law School commencing August 27, 2003 for the Fall Semester of the Employee Benefits Program at John Marshall (LL.M.).  For further information, contact www.jmls.edu.

posted Wednesday, July 23, 2003 | 4:00 PM


ERISA Litigation (American Bar Association), November 13-15, 2003.  Mark DeBofsky is speaking on Benefit Claims Litigation-Standard of Review and Evidence; and on Long Term Disability Benefit Claims. For further information, contact www.abanet.org/jceb or Karen Case at 202-662-8641.

posted Wednesday, July 23, 2003 | 4:00 PM


Mark DeBofsky is speaking on The Basics of Employee Benefits Law for Small Businesses, January 15, 2004-Springfield; January 22, 2004-Chicago.  Sponsored by the Illinois Institute for Continuing Legal Education. For information, contact IICLE at 800-252-8062.

posted Wednesday, July 23, 2003 | 4:00 PM


David A. Bryant was recently named to the Chicago Volunteer Legal Services Foundation board of directors.  CVLS offers quality legal services to low income Chicagoans who could not otherwise afford access to the law.

posted Tuesday, July 15, 2003 | 5:00 PM


Holocaust Survivor Reparations – Daley, DeBofsky & Bryant, working in conjunction with the law offices of Blankenhorn and Rogge from Berlin, Germany, would like to help Holocaust survivors obtain reparations from the German government for the work performed in ghettos under the German Reich. Germany is now granting Old Age pensions to cover work performed by persecuted persons in all ghettos occupied by or incorporated into the German Reich. Surviving spouses are entitled to apply as well. For more information please call (800) Daley-33 or 1-312-561-3030. If you are not a current client, please do not submit these forms without contacting us first.

DOWNLOAD APPLICATION: .PDF FORMAT

posted Tuesday, July 14, 2003 | 4:00 PM


Deal v. Prudential Insurance Co. of America, No. 01 C 8703 (May 22, 2003). United States District Judge Elaine E. Bucklo granted judgment to Daley, DeBofsky & Bryant client, Cathi Deal, and awarded disability insurance benefits, interest, and attorneys’ fees following a trial held before the court. The court determined that Prudential improperly terminated monthly benefit payments and ruled that Prudential was obligated to pay all benefits due and to continue future payments so long as Ms. Deal continues to meet the insurance policy requirements. Mark D. DeBofsky represented Ms. Deal on behalf of the firm.

posted Monday, May 27, 2003 | 10:00 AM


McKinnie v. Barnhart, No. 02-2287, (7th Cir. May 1, 2003) — 7th Circuit finds that Social Security failed to make an inquiry into the reliability of the vocational expert’s conclusions, improperly insisting that the claimant pay to substantiate expert testimony relied upon by the Commissioner.  Frederick J. Daley, Jr. represented Mr. McKinnie on behalf of the firm.

posted Monday, May 5, 2003 | 12:00 PM


Litigating Long-Term Disability Claims Under ERISA and Building Your ERISA Long-Term Disability Practice, Teleconference, 1:00 – 3:00 p.m. CST, May 13, 2003.   David A. Bryant will discuss developing an ERISA Long-Term Disability Practice .

posted Monday, May 5, 2003 | 12:00 PM


Mark DeBofsky was recently named to the Leading Lawyers Network, a peer-selected honor signifying his recognition as a leading lawyer in Illinois in the area of employment law.

posted Monday, May 5, 2003 | 12:00 PM


Siebert v. Barnhart, 02-C-363-S, (W.D. Wisc. 2002) — District Judge John C. Shabaz has a discussion of continual delay of the appeal process by the Social Security Administration.  Frederick J. Daley, Jr. represented Ms. Siebert on behalf of the firm.

posted Monday, May 5, 2003 | 12:00 PM


Bowman v. Reliance Standard Life Insur.Co., 2003 U.S.Dist.LEXIS 4398 (N.D.Ill. 3/21/03).  Mark DeBofsky and Marcie Goldbloom recently won the case of Bowman v. Reliance Standard Life Insur.Co.,  which awarded disability benefits to a physician. The court rejected the insurer’s argument that Dr. Bowman’s claim was based solely on pain, finding ample objective evidence in support of his claimed disability due to a spinal impairment.

posted Monday, APRIL 14, 2003 | 1:00 PM


White v. Barnhart, 235 F.Supp. 2d. 820 (N.D. Ill. Dec. 9, 2002). Marcie Goldbloom convinced the District Court to remand Mr. White’s case by establishing that his procedural due process right to a full and fair hearing had been violated. The court reiterated that every individual seeking benefits is entitled to a fair hearing on his or her claim and, ultimately, justice.

posted Monday, March 24, 2003 | 5:00 PM


Navigating the Disability Insurance Maze, By Mark D. DeBofsky.   The CFIDS Chronicle, Summer 2002.  As many people with CFIDS have learned, obtaining disability insurance payments can be as frustrating as the illness itself. The process is complex and fraught with numerous traps for the unwary. Yet despite what you may have heard or read, the majority of CFIDS claims are paid by disability insurers. What follows is some advice that may help you win your claim after you’ve been denied benefits.

Full Article | CFIDS Association of America

posted Friday, March 21, 2003 | 1:00 PM


MS Law Day – Chicago, Sunday, March 23, 2003, Noon – 4:00 p.m.  The Chicago Area Multiple Sclerosis (MS) Society will be holding it’s annual “Law Day” at the Rehabilitation Institute of Chicago.  Attorney, Marcie E. Goldbloom has helped coordinate the event for the last several years.  During law day, individuals receive half-hour consultations at no charge with lawyers on a variety of topics including: social security disability benefits, health insurance, job discrimination-employment, accessibility, Medicare/Medicaid, Family Issues (including divorce, custody and support), tax issues (including medical deductions), housing-tenant’s rights, trusts and estates.  From Noon – 12:45 p.m., Attorney Mark D. DeBofsky will provide a presentation on employment issues and Marcie Goldbloom will provide a presentation on social security disability.

posted Tuesday, March 18, 2003 | 5:00 PM


ERISA Basics, Chicago, June 4-6, 2003, ABA Joint Committee on Employee Benefits.  Mark DeBofsky will discuss Claim and Review Procedures, Benefit Claim Litigation, and participate in a panel on ERISA Ethical Issues and Concerns.

posted Tuesday, March 18, 2003 | 3:00 PM


Handling Medicare and ERISA Rights of Reimbursement on Tort Recoveries, Teleconference, 4:15 – 5:45 p.m. CST, April 1, 2003.  Featuring Henry B. Vess, III, of Roberts and Vess, P.C., Wheaton, author of IICLE’s best-selling 2002 practice handbook Liens upon Illinois Tort Actions, and Mark D. DeBofsky of Daley, DeBofsky & Bryant, Chicago.

posted Tuesday, March 18, 2003 | 3:00 PM


Social Security Disability Law Conference,Washington, DC, April 9-12, 2003.  Fred Daley and Marcie Goldbloom will discuss the attorney fee process.  Mark DeBofsky will participate in a panel discussion on disability insurance litigation.  David Bryant will speak on Supplemental Need Trusts for the Poor and Disabled.

posted Monday, March 17, 2003 | 1:00 PM


2003 Annual Convention of the Association of Trial Lawyers of America, San Francisco, July 19-23, 2003.  Mark DeBofsky will be providing an ERISA Update.

posted Monday, March 17, 2003 | 1:00 PM


Annual National Legal Symposium, Loyola University Chicago, May 2-3, 2003.  Mark DeBofsky will discuss ERISA Subrogation Litigation at the National Legal Symposium hosted by the Patient Advocate Foundation and Loyola University School of Law.

posted Friday, March 14, 2003 | 10:00 AM


Hackett v. Xerox Corporation, 315 F.3d 771 (7th Cir. January 6, 2003).  Mark DeBofsky convinced the Seventh Circuit to overturn a district court ruling and reinstate disability benefit payments to a claimant whose benefit payments were wrongfully terminated based on an inadequate medical examination.

posted Thursday, March 6, 2003 | 10:00 AM


Cicio v. Does, 2003 U.S.App.LEXIS 2925 (2d Cir. 2/11/03).  Mark DeBofsky comments on a decision from the U.S. Court of Appeals for the Second Circuit ruling that a claim for medical malpractice in wrongful denial of cancer treatment resulting in death of patient not preempted by the ERISA law.  The court allowed the claimant’s surviving spouse to pursue her claim for damages in the state courts.

posted Thursday, March 6, 2003 | 10:00 AM


Billings v. Continental Casualty Co., 2003 U.S.Dist.LEXIS 796 (N.D.Ill. 1/21/03) — DDB secured another victory against CNA Insurance in this long term disability case regulated by ERISA.  The Honorable David H. Coar found the medical evidence in this case to be so overwhelming that had the Court applied an arbitrary and capricious standard (the Court in fact applied a de novo review)  it would have found CNA’s determination to be downright unreasonable.

posted Thursday, March 6, 2003 | 10:00 AM