Archives
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.
posted 7/16/2004
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.
posted 7/13/2004
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.
posted 7/13/2004
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.
posted 4/27/2004
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.
posted 4/27/2004
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.
posted 4/5/2004
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
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Summary Judgment
posted 4/5/2004
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.
posted 4/5/2004
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.
posted 4/5/2004
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