Disability insurance companies base their claim decisions on the claimant’s medical restrictions and limitations. “Restrictions” are what some cannot do as determined by their doctor, while “limitations’ are what someone is limited in doing. In the absence of restrictions or limitations, there is no “disability” as defined by the policy […]
On May 13, 2022, an Amicus Brief authored by Mark DeBofsky was submitted to the U.S. Court of Appeals for the Ninth Circuit in support of a petition for rehearing filed by the Plaintiffs-Appellees in the case […]
A recent ruling from the U.S. Court of Appeals for the Fourth Circuit made it clear that the Employee Retirement Income Security Act’s deferential review standard is not a rubber stamp of claim determination made by
benefit plans. […]
The COVID-19 pandemic has affected our health care system in many ways over the past two years. While much of the focus has been on vaccines and treatment, COVID-19 has also caused an increasing demand for mental health treatment, [1] including treatment for substance use disorders. [2] […]
The U.S. judicial system is admired around the world due to the openness and transparency of judicial proceedings. Courtrooms are open to the public, and the pleadings and evidence introduced in court cases are considered public records. However, there are times when access to court proceeding documents need to be balanced with the person’s rights to privacy. […]