Archives: 4/5/04 to 7/16/04
Recent articles by Mark DeBofsky have appeared in the Chicago Daily Law Bulletin:
Defining ‘disability’ means looking at duties,
Courts Seek Clarity on Subjective Diseases;
and in the John Marshall Law Review:
The Paradox of the Misuse of Administrative Law in ERISA Benefit Claims.
Employee Benefits Litigation, course taught by Mark DeBofsky at John Marshall Law School commencing August 23, 2004 for the Fall Semester at the Center for Taxation and Employee Benefits. For further information, visit www.jmls.edu.
ERISA Litigation (American Bar Association), November 11-12, 2004. Mark DeBofsky will be speaking at the American Bar Association seminar on ERISA Litigation sponsored by the Section of Labor and Employment Law. For up-to-date information, visit the JCEB calendar.
Worzalla v. Barnhart, No. 01 C 1083(E.D. Wisc. March 27,2004). In a long-fought battle for benefits from August 1993 through November 1995, Worzalla finally triumphed. On its third appearance in Federal Court, and over the recommendation of the Magistrate Judge, counsel was able to convince Judge Lynn Adelman of the District Court to reverse the agency’s decision and order benefits granted, “[b]ecause the Commissioner’s decision is infected with legal error and unsupported by substantial evidence,” and because, “the application has been pending for 11 years and been remanded three times previously.” Mr. Worzalla was represented by Fred Daley and Marcie Goldbloom through the years of appeals.
Rogers Wilson v. Barnhart, No. 03 C 2001(N.D. Ill, March 17, 2004). Counsel Marcie Goldbloom was able to convince the court to remand where the ALJ’s finding against Mr. Wilson’s credibility was not supported by substantial evidence. The court determined that substantial evidence did not support the ALJ’s credibility findings, which were insufficient under S.S.R. 96-7p because the ALJ did not specify which of the claimant’s alleged limitations were inconsistent with each other and seemed to ignore all of the actual limitations.
Young v. Barnhart, No. 03-1545 (7th Cir. April 02, 2004). The court found the ALJ’s residual functional capacity assessment was flawed, as it failed to account for the evidence regarding disabaility claimant’s problems accepting instruction, responding appropriately to criticism from supervisors, thinking independently, and setting realistic goals. Fred Daley represented Mr. Young on behalf of the firm, assisted by Steve Jackson and Suzanne Blaz.
Gimino v. Prudential, No. 02-C-7053 (N.D.Ill. March 8, 2004). The court issued a ruling ordering that benefits being paid for several years to a claimant suffering from multiple orthopedic impairments be reinstated following an unjustified benefit termination by Prudential. Ms. Gimino was represented by Mark DeBofsky on behalf of the firm.
reconsideration ruling | Summary Judgment
DiPietro v. Prudential, No. 03-C-1018 (N.D.Ill. March 25, 2004). The court found Prudential acted arbitrarily and capriciously in denying benefit payments to a claimant suffering from the effects of post-polio syndrome. Mr. DiPietro was represented by Mark DeBofsky on behalf of the firm.
Discretionary clauses starting to lose favor. Mark DeBofsky’s article, which appeared in the April 2, 2004 issue of the Chicago Daily Law Bulletin, discusses recent developments concerning discretionary clauses under ERISA.
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