Ex-NFL Players’ Disability Case Remanded Yet Again

by Mark Debofsky | Oct 22, 2020 | Disability Benefits

There has been a growing volume of litigation relating to disability benefit claims brought by former professional football players.

A recent example is the ruling issued by a federal court in California in Dimry v. Bert Bell/Pete Rozelle NFL Player Retirement Plan, 2020 WL 5526607 (N.D. Cal., Sept. 15). This ruling was the second time the court had to address Charles Dimry’s disability claim. The court had previously overturned a benefit denial (2018 WL 1258147 (N.D. Cal., March 12, 2018) and ordered the plan to reconsider its initial benefit denial; however, the plan reaffirmed its refusal to award benefits. In this decision, once again, the court found the denial was arbitrary and capricious.

Disability Benefits Are Difficult to Navigate for Someone with SD, but not Impossible

by Mark Debofsky | Oct 20, 2020 | Disability Benefits

Although it may be difficult, individuals with S&D can still obtain disability benefits with the right legal guidance.

1st Circuit ERISA Benefit Ruling Misapplies Review Standard

by Mark Debofsky | Sep 23, 2020 | Disability Benefits, ERISA

How should federal courts conduct a de novo review of Employee Retirement Income Security Act benefit claims? One approach was delineated by the U.S. Court of Appeals for the Seventh Circuit in 2009 in Krolnik v. Prudential Insurance Company of America.[1] There, the court pronounced the phrase “de novo review” as “misleading” and explained the de novo review standard […]

Health Benefit Ruling Raises Reviewer Neutrality Questions

by Mark Debofsky | Aug 17, 2020 | Disability Benefits, Health Benefits

The Patient Protection and Affordable Care Act[1] made a number of significant changes to health insurance coverage in the U.S. One of the most important provisions of the law, which is also known as Obamacare, was a requirement that patients whose benefits are denied are entitled to independent external review. The implementing regulation[2] requires that […]

Reflections on the Americans with Disabilities Act at Age 30

by Martina Sherman | Jul 20, 2020 | Disability Benefits

This month marks thirtieth anniversary of the passage of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101 et seq., a landmark piece of civil rights legislation that prohibits discrimination on the basis of disability. The ADA requires that people with disabilities be granted equal access to employment, public services, and public accommodations. […]

ERISA Remedies Could Increase Under Liu v. SEC Ruling

by Mark Debofsky | Jul 16, 2020 | Disability Benefits, ERISA

Employee benefit claimants are frequently surprised by the limited remedies to them under the Employee Retirement Income Security Act. However, a recent U.S. Supreme Court ruling in Liu v. U.S. Securities and Exchange Commission,[1] might open the door to additional remedies.

Disability Benefits