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 […]
There have been several important recent developments in how courts are assessing health benefit claims brought under the Employee Retirement Income Security Act. In Dwyer v. United Healthcare Insurance Co.,[1] a case involving a claim for residential behavior health treatment for an eating disorder, the U.S. Court of Appeals for the Fifth Circuit on Sept. […]
Mental health disability claims are denied far more frequently than physical disability claims, creating serious challenges for individuals seeking benefits. In a recent interview on Main & Wall, disability benefits attorney Mark DeBofsky shared his thoughts on why this disparity exists and what can be done about it. Drawing from his expertise, including his appointment by Illinois […]
Under the best of circumstances, plaintiffs face a difficult challenge when they seek to overturn health benefit claim denials. But recent developments in litigation involving health benefits — specifically benefits for mental health treatment — have sent a message to health insurers that they need to be more transparent in adjudicating claims. […]
Mark DeBofsky, founder of DeBofsky Law, was recently quoted in Behavioral Health Business, discussing a pivotal court ruling that significantly impacts behavioral health parity.
More than 15 years have passed since the Mental Health Parity and Addiction Equity Act imposed requirements on health insurers and health benefit plans to provide equal coverage for treatment of mental health conditions and substance-use disorders. […]