Mark D. DeBofsky is a name partner of DeBofsky Law He handles civil and appellate litigation involving employee benefits, disability insurance and other insurance claims and coverage, and Social Security law. A recent decision issued by the 7th U.S. Circuit Court of Appeals offers valuable insight into the meaning of the de novo standard of […]
If a disability, health or life insurance claim is denied, gathering information, staying within deadlines and communicating with all relevant parties to gather necessary information is essential in order to overturn the decision. When a dispute over any insurance benefits arises, being told “no” is not the final word. If the coverage at issue is […]
The subject of pre-emption under the Employee Retirement Income Security Act is challenging, as illustrated by multiple Supreme Court rulings that have attempted to address pre-emption issues. The general rule is that any state law which relates to employee benefit plans is pre-empted if the law conflicts with the administration of an ERISA claim. However, […]
Obtaining disability insurance is tricky. If you are purchasing coverage to supplement employer-supplied insurance or seeking insurance because you have no other coverage, there are a lot of variables to consider. It’s a sad fact, but many Americans give little thought to disability insurance coverage until it is needed. Understanding the following information will strengthen […]
Claim regulations in the Employee Retirement Income Security Act impose deadlines on claimants and plan administrators to submit claims and render claim decisions. Strict deadlines also apply to claim appeals. Claimants are allowed up to 180 days to submit appeals from denials of disability benefit claims, and if a claimant submits an appeal even a […]
Approximately 50 percent of Americans receive health insurance through their employer,1 making most of those plans subject to The Employee Retirement Income Security Act of 1974 (“ERJSA”). After passage of the Mental Health Parity and Addiction Equity Act of2008 (“MHPAEA”), the majority of health plans that cover mental health treatment, including large employer -sponsored plans, […]