Author: Mark Debofsky

The ERISA “Administrative” Record: How to Build the File That Wins Your Disability Appeal

If your long-term disability benefit claim was just denied, your first instinct is probably to gather more records and send them to the insurance company with the expectation that a little more evidence will suffice. That instinct is the right one, but the stakes are higher than most people expect. In most ERISA disability cases, […]

When Cancer Treatment Ends but Disability Continues

For many cancer survivors, the hardest part begins after treatment ends. The scans may look good, the cancer may be in remission, and the insurer may assume it is time to return to work. But long-term disability after cancer treatment often turns on something else: functional capacity. If persistent fatigue, neuropathy, cognitive impairment, lymphedema, or […]

How Can I Tell If My Benefit Plan Is Governed by ERISA?

ERISA is an acronym for the federal Employee Retirement Income Security Act of 1974. Most people have never heard of ERISA, but its comprehensiveness impacts the vast majority of American workers and their dependents. The original intent behind ERISA’s enactment was to remedy pension plan abuses; however, just prior to Congress’ passage of the ERISA law, the scope […]