Archives: 1/16/04 to 3/10/04

Hillcock v.Continental Casual Company, No. 02-CV-5126 (N.D. Ill. March 1, 2004).  United States Senior Judge John A. Nordberg granted Ms. Hillcock’s cross-motion for summary judgment.  The court determined that Continental Causal Company’s denial of Ms. Hillcock’s claim was “arbitrary and capricious” because it completely ignored the objective medical evidence and the opinions of Ms. Hillcock’s doctors, and because they did not hire a doctor of their own to review the medical evidence.  Even when disregarding this failure to appropriately evaluate the evidence of record, Judge Nordberg found that Continental ‘s decision to deny Ms. Hillcock’s benefits was unsupportable because it was based upon the unproven and unrealistic assumptions about the nature of Ms. Hillcock’s abilities and job duties.  Mark D. DeBofsky and Nathan Q. Rugg represented Ms. Hillcock on behalf of the firm.

posted 3/10/2004

A Symposium on Employee Benefits Law will take place on Friday, April 2, 2004, from 9 a.m. to 5 p.m. featuring authors of several articles on the subject of employee benefits law.  Mark DeBofsky will be presenting and speaking about his article, “The Paradox of the Misuse of Administrative Law in ERISA Benefit Claims,” which will be published in the upcoming Spring 2004 copy of The John Marshall Law Review. For information on attending the symposium, please email

posted 3/8/2004

Rohan v. Barnhart, No. 03 C 3029 (N.D.Ill. Feb. 24, 2004). After eleven years of litigation in this case, three hearings before an ALJ, three petitions to the Appeals Council, three appeals to the district court, two concessions by the Commissioner that ALJ decisions were inadequate, and one appeal to the court of appeals, the court finally reversed the decision of the Commissioner, awarding benefits to Daley, DeBofsky & Bryant client Mr. Donald Rohan. Fred Daley represented Mr. Rohan throughout the years of litigation.

posted 3/2/2004

Voluntary Remands for DDB clients. Requests for Voluntary Review (RVR) by Social Security are a testimony to the convincing and effective briefs written by Daley, DeBofsky and Bryant for their clients. In these cases the government declined to brief the case, but instead agreed to a voluntary remand, ultimately resulting in an award of benefits going back to 1996 in Bulvan v. Barnhart, and to 1992 in Kopulos v. Barnhart, No. 01-C-4881 (N.D.Ill. Aug. 20, 2002).

More recent RVR cases for DDB clients include Morales v. Barnhart, No. 2:03-CV-66 (N.D.Ind. Sept. 9, 2003), Gray v. Barnhart, No. 2:03-CV-172 (N.D.Ind), Williams v. Barnhart, No. 2:03-CV-111 (N.D.Ind.), and Terry v. Barnhart, No. 03-C-3999 (N.D.Ill.). In all RVR cases after the case has been briefed for district court by Daley, DeBofsky and Bryant, the government has agreed with our position and decided not to contest it in court, instead stipulating to a voluntary remand.

posted 3/2/2004

1/16/2004 (Chicago).  Mark DeBofsky will be speaking at 1:15 pm about 7th Circuit ERISA, ADA, and FMLA updates along with Larraine McNamara-McGraw, and Monica Murphy at a 7th Circuit Employment Law Seminar sponsored by the National Employment Lawyers Association of Illinois (NELA/Illinois).

posted 2/11/2004

ISBA Employee Benefits Section Council Open Meeting Mark DeBofsky will be speaking about recent ERISA developments with Mark Casciari from Seyfarth & Shaw, LLP at a meeting sponsored by the Illinois State Bar Association.   The meeting will be at the ISBA Chicago office located at 20 N. Clark St.

posted 2/11/2004

(Raleigh) Mark DeBofsky will be speaking at a meeting of the North Carolina Academy of Trial Lawyers about ERISA preemption.

posted 2/11/2004

Social Security Disability Law Conference,San Diego, California  May 12-15, 2003.  Mark DeBofsky will be participating in a panel discussion on litigating long term disability benefit claims.  Frederick J. Daley, Jr. will be speaking with Dr. Julian Freeman on, “Obesity: the cart, the horse, or the yoke and drawbar linking the two?”  David A. Bryant will be speaking about Residual Functional Capacity.

posted 2/11/2004

5/20/2004 (Chicago) 18th Annual ERISA Basics National Institute.  Mark DeBofsky will be speaking about Ethical Issues Relating to ERISA law at the ERISA Basics Seminar sponsored by the American Bar Association.

posted 2/11/2004

Valencia v. Barnhart, No. 02-C-8464 (N.D.Ill., Jan. 13, 2004). The Court remanded Mr. Valencia’s case to Social Security noting that “there is no ‘accurate and logical bridge’ that allows the court to assess the ALJ’s ultimate findings.” The ALJ’s determination did not consider all limitations supported by medical evidence in the record. Mr. Valencia was represented by Fred Daley on behalf of the firm with assistance from law student Valerie Garcia.

posted 1/28/2004

Garmisa article in Chicago Daily Law Bulletin focuses on DDB Crespo Win. Steve Garmisa, the author of Trial Notes for the Chicago Daily Law Bulletin, focused on Mark DeBofsky’s recent victory in Crespo v. Unum.

Read Article | Crespo v. UNUM decision (PDF)

posted 1/23/2004

Samuel v. Barnhart, 295 F. Supp. 2d 926 (E.D. Wis. Dec. 23, 2003).The Eastern District of Wisconsin issued a 64 page decision in favor of Daley, DeBofsky & Bryant’s client. The district judge reversed the ALJ’s decision and remanded the case for further proceedings, going against the advice of the magistrate judge. Fred Daley represented Mr. Samuel with the assistance of law student Suzanne Blaz.

posted 1/16/2004

7th Circuit ERISA update, 2/16/2004.  Mark DeBofsky will be speaking on ERISA at the 7th Circuit Conference hosted by the National Employment Layers Association (NELA) – Illinois. For details contact NELA/Illinois at (312)759-0838.

visit NELA/Illinois

posted 1/16/2004 3:21:11 PM

Medicare Reform: Maybe and MaybeNot?, 2/26/2004.  David A. Bryant will be speaking at the Medicare Reform teleconference hosted by the American Trial Lawyers Association on 2/26/2004, 2:00 PM – 4:00 PM ET. For registration information, call ATLA Education at 800-622-1791 or 202-965-3500, ext. 612.

Teleconference Info | ALTA hompage

posted 1/16/2004 3:31:48 PM

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