Disability Benefits

Determining When a Cause of Action Accrues

by Mark Debofsky | Sep 7, 2011 | Disability Benefits, ERISA

One of the most confusing aspects of ERISA litigation is the determination of when a cause of action accrues. As the defendant learned to its detriment in’ Withrow v. Bache Halsey Stuart Shield Inc. Salary Protection Plan, 2011 U.S.App.LEXIS 17526 (9th Cir. August 23, 2011), the failure to effectively trigger an accrual of a cause of action prevented a statute of limitations from running for about 25 years. The case involved a stockbroker, Valerie Withrow, who became employed by Bache (now Prudential Securities) in 1979

How do courts weigh conflicts of interest?

by Mark Debofsky | Aug 10, 2011 | Disability Benefits

The U.S. Supreme Court admonished the lower courts in Metropolitan Life Insurance Company v. Glenn, 554 U.S. 101 (2008), that in adjudicating Employee Retirement Income Security Act (ERISA) benefit cases, courts must take into consideration the conflict of interest inherent in circumstances where the same party, such as an insurance company, both administers benefits and […]

Contingency Fee representation Uncertain

by Mark Debofsky | Jul 26, 2011 | Disability Benefits

The contingency fee is often described as the “poor man’s key to the courthouse door” and the availability of representation on a contingency fee basis is “rooted in our commitment to equal justice for both those of moderate means and the wealthy.” Leonard C. Arnold Ltd. v. Northern Trust Co., 116 Ill.2d 157, 164 (1987).

A lesson: Don’t overlook other sources of evidence

by Mark Debofsky | May 6, 2011 | Disability Benefits, ERISA Standard of Review

In many Employee Retirement Income and Security Act (ERISA) cases, the standard of review applied by a court is often the key factor in determining the outcome of a dispute over disability cases. Such cases often involve conflicting medical opinions and, where the insurer has properly reserved discretionary authority, it almost always wins the battle […]

The challenges in calculating disability benefits

by Mark Debofsky | May 2, 2011 | Disability Benefits

Calculating disability benefits for owners of businesses can be very complicated, especially in situations where the insured continues working and receives both a salary as well as a share of the profits from the business. How is the insurer to know whether the insured is manipulating business earnings and under-reporting W-2 earnings from the business? […]

Ruling points out difficulties of assessing disability

by Mark Debofsky | Jan 31, 2011 | Disability Benefits, Pain and Disability

A fascinating new ruling from the 7th U.S. Circuit Court of Appeals on the issue of Social Security disability points out many of the difficulties inherent in assessing disability. In Martinez v. Astrue, 2011 U.S.App.LEXIS 960 (7th Cir. 2011), the court issued an opinion incorporating its ruling on three cases all argued on the same […]