Thursday, April 18, 2002

Mark DeBofsky will speak at an ABA seminar titled “EEO Basics”; it will be held on June 6 and 7 in Chicago. Mr. DeBofsky will be speaking on Age Discrimination Claims and the Status of Releases in Employment Litigation. For further information, contact American Bar Association, Section of Labor & Employment Law (312) 988-5813

posted by M W | 3:57 PM

Friday, April 12, 2002

Barry Schultz in conjunction with the law office of Frederick J. Daley–now Daley, DeBofsky and Bryant–received two 7th Circuit Ct of App reversals on the same day.

In Borski the Court held that the ALJ improperly used the Grid to deny a claim where the claimant was not able to stoop — which is required for sedentary and light work positions — and the claimant needed a sit/stand option. Of special interest was the Court’s assumption that it was the Commissioner’s burden at step 5 to resolve ambiguities in the record.

In Kasarsky the Court held that the ALJ failed to pose a complete hypothetical when he didn’t include the claimant’s frequent deficiencies of concentration, persistence, or pace. The Court stated, “(e)mployers are entitled to demand that their employees stick with the job, once they have been trained to do it; the length of time it takes someone with borderline intelligence to learn a job is not the same as the ability of that person to perform consistently once trained. The ALJ’s failure to incorporate the latter kind of failure . . . in the hypothetical he posed to the vocational expert require us to remand this case for further proceedings.

posted by M W | 1:30 PM

The case of Moran v. Rush-Prudential HMO, Inc ., 230 F.3d 959 (7th Cir. 2000); cert. granted 2001 U.S.LEXIS 5207, is perhaps the most important ERISA preemption case to ever come before the Supreme Court. It will decide the question of whether states have the authority to regulate how insurers evaluate claims or whether ERISA preemption reigns triumphant. Read the rest of this article by Mark DeBofsky

posted by M W | 8:23 AM

Wednesday, April 03, 2002

David Bryant will be speaking with Deborah Spector July 18th in Oak Brook for the National Business Institute on “Handling a Social Security Case in Illinois”.
On April 6th he will address the WILG Board Meeting at the Fairmont Hotel in Chicago and give a Medicare subrogation update with Bob Tarren.
April 29th he will be at the Bellagio room in Maggiano’s discussing “Workers’ Compensation Settlements, Medicare Interest, and Set Aside Trusts.”

posted by M W | 1:56 PM

Mark DeBofsky’s latest article is Great-West v. Knudson?The Death Knell of Fiduciary Liability Claims? , which he recently prepared for an ABA publication and for an upcoming CBA seminar.

posted by M W | 9:17 AM

Monday, March 11, 2002

Read Mark DeBofsky’s new article for the upcoming ATLA convention .

posted by M W | 9:06 AM

Wednesday, February 20, 2002

IMPORTANT ANNOUNCEMENT: In April 2002, DeBofsky & DeBofsky will be merging its practice with the Law Offices of Frederick J. Daley and David A. Bryant & Associates to form the new law firm of Daley, DeBofsky & Bryant with offices located at One N. LaSalle St., Suite 3800, Chicago, Illinois 60602 1-312-561-3030. Please watch this website for further announcements.

Mark DeBofsky’s upcoming speaking engagements:

March 14, 2002 The Ten Most Important Lessons Learned from this Past Year s Employee Benefits Cases, Chicago Bar Association, 321 S. Plymouth Court, Chicago, Illinois. For further information, call 312-554-2000

March 21, 2002 The Basics of Disability Programs Private Disability Insurance and Social Security, Chicago Medical Society, Medical-Legal Issues for the Primary Care Physician/ Midwest Clinical Conference 2002, Navy Pier, Chicago, Illinois. For further information, call 312-670-2550.

April 19-20, 2002 Annual Symposium on Patient Protection, Patient Advocate Foundation, Loyola University School of Law, One E. Pearson, Chicago, Illinois. For further information call, 757-873-6668

April 25, 2002 Recent Supreme Court Rulings on Employee Benefits Great West v. Knudson; Rush-Prudential v. Moran, Chicago Bar Association, 321 S. Plymouth Court, Chicago, Illinois. For further information, call 312-554-2000

May 8-11, 2002 Panel Discussion on Disability Insurance Benefits, National Organization of Social Security Claimants Representatives, Atlanta, Georgia. For further information, call 800-431-2804

July 21, 2002 So You re Stuck with ERISA, Now What? Association of Trial Lawyers of America, Atlanta, Georgia. For further information, contact 202-965-3500

posted by M W | 10:09 AM

People Who Get Benefits Can Earn More in 2002

If you’re younger than 65 and you work while getting Social Security survivors or retirement benefits, you’ll be able to
earn more money this year and keep all of your benefits. You can earn up to $11,280 (up from $10,680 in 2001). After you earn $11,280, $1 is withheld
from your benefits for every $2 you earn. If you will reach age 65 during 2002, $1 will be withheld for every $3 of earnings above $30,000 until your
birthday month. After your 65th birthday, you can receive your full benefit amount no matter how much you earn. To learn more about working and
collecting Social Security benefits, visit the Retirement Planner .


If you’re covered by Medicare Part B (insurance that helps pay for doctors’ fees and other medical services and supplies), your monthly premium is now
$54, instead of the $50 you paid in 2001. If you didn’t sign up for Part B when you were first eligible for Medicare, you can sign up during the annual
General Enrollment Period that runs from January 1 to March 31. You may have to pay 10 percent more if you could have enrolled earlier, but didn’t. For
more information, visit Medicare’s website .

posted by M W | 7:26 AM

Friday, February 15, 2002

The Social Security Administration (SSA) has launched a new program designed to help people with disabilities go to work. Read the press release.

posted by M W | 9:07 AM

Tuesday, February 12, 2002

Regula v. Delta Family-Care Disability Survivorship Plan, 2001 WL 1111616 (9th Cir. 9/25/2001)
Areas affected: Disability insurance; employee benefits.

Regula is an extremely significant case regarding several crucial issues involved in disability benefit determinations under the ERISA law. Those issues include:

– standard of review (what rules of decision are used by a court in reviewing ERISA benefit claims)
– scope of review (how a court goes about conducting a review)
– weight of evidence

Read more about Regula v. Delta

posted by M W | 12:56 PM

Mark DeBofsky’s recently published articles, available in PDF format.

“Bringing an ERISA Claim: A Step-by-Step Guide” originally appeared in the January 2000 issue of the Illinois Bar Journal and reprinted in the December/January 2000-2001 issue of Advocate (The Journal of the Consumer Attorneys Association of Los Angeles).

“A Physician’s Guide to Disability Insurance” appears in the December 2000 edition of The Journal of Medical Practice Management. Reprints available from the publication or through DeBofsky and DeBofsky.

“The Nuts and Bolts of Lawyers’ Disability Insurance” Chicago Bar Record 36 (May 2000) – reprints available from DeBofsky & DeBofsky or from the Chicago Bar Association, 321 S. Plymouth Ct., Chicago, IL 60604.

posted by M W | 12:53 PM

Mark DeBofsky is listed as a chapter editor in the recently published second edition of Employee Benefits Law, along with the 2000 Supplement. Further information on ordering a copy may be obtained from Daley, DeBofsky and Bryant or from either the American Bar Association Section of Labor and Employment Law or the Bureau of National Affairs, Inc..

posted by M W | 12:52 PM

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