Author: Mark Debofsky

H.R. 3758: A Landmark Step Toward Mental Health Parity in Disability Benefits

The introduction of H.R. 3758, the Workers’ Disability Benefits Parity Act of 2025  a major milestone in advancing ERISA mental health disability parity and promoting equal treatment for mental health and substance use conditions in long-term disability (LTD) insurance.  The bill builds on findings from the 2023 ERISA Advisory Council report titled Long-Term Disability Benefits and […]

The Importance of Judicial Standards of Review in ERISA Litigation

Congress enacted the Employee Retirement Income Security Act (ERISA) law to protect . . . participants in employee benefit plans and their beneficiaries, by requiring the disclosure and reporting to participants and beneficiaries of financial and other information with respect thereto, by establishing standards of conduct, responsibility, and obligation for fiduciaries of employee benefit plans, and by providing for appropriate remedies, sanctions, and ready access to the Federal Courts. […]

Disability Ruling Guides On Cases With Uncertain Causation

Deciding disability benefit claims correctly can often pose a challenge for both claimants and insurers. Since disability is dependent on functional restrictions and not just on a diagnosis, determining a claimant’s level of functionality with respect to basic activities such as sitting, standing and walking can be difficult, especially when disability results from symptoms such as pain. […]