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Mark DeBofsky Records New CLE Video on ERISA Claim Appeals

by Mark Debofsky | May 29, 2020 | Announcements | 0 comments

Mark DeBofsky was recently invited by the National Academy of Legal Education to record a video on pre-litigation appeals of benefit denials in ERISA cases which are generally considered mandatory. Claim appeals are also often the key to success or failure in litigation, yet they are often given insufficient attention both by claimants and plan administrators. The course examines the origin and purpose behind claim appeals, the “rules of the road” (i.e., the Department of Labor’s regulations), and cases that have shaped how claim appeals are conducted. The program may be accessed via the following link: https://www.nacle.com/CLE/Courses/ERISA-Claim-Appeals-1495.

Mastering U.S. Long-Term Disability Benefits Abroad

Apr 8, 2024 | Disability Insurance, ERISA, Long Term Disability

Many U.S. citizens and foreign nationals working abroad find themselves navigating the complex landscape of long-term disability (LTD) benefits. But does the ERISA law apply to U.S. residents living abroad or to non-U.S. residents living outside the United States? […]

The Benefit of Social Security and Veterans Disability Awards in ERISA-Governed Disability Benefit Claims

Apr 4, 2024 | Disability Benefits, ERISA

Claims involving disability benefits comprise a sizable portion, if not a majority, of cases litigated under the Employee Retirement Income Security Act (ERISA). [..]

5th Circ. NFL Disability Ruling Turns ERISA On Its Head

Mar 25, 2024 | Disability Benefits, ERISA

On March 15, the U.S. Court of Appeals for the Fifth Circuit withdrew its prior opinion in Cloud v. Bert Bell/Pete Rozelle NFL Player Retirement Plan[1] and replaced it with a new opinion.[2] The outcome remained the same, however. […]

ERISA 2023 Year in Review

Feb 23, 2024 | ERISA

Introduction The Employee Retirement Income Security Act of 1974 (ERISA) [1] directly impacts the lives of most Americans, yet few are familiar with ERISA despite its governance of pensions and retirement plans, along with other employer provided fringe benefits such...

Verizon Benefits Ruling Clears up Lien Burden of Proof

Feb 13, 2024 | ERISA

On Jan. 29, a judge in the U.S. District Court for the District of Rhode Island recently wrote an opinion in a sort of "man bites dog" Employee Retirement Income Security Act case, Verizon Sickness & Accident Disability Benefit Plan v. Rogers.[1] Rather than the...

Reservation of Rights: Disability Insurance Claimant Guide

Feb 8, 2024 | Disability Benefits, ERISA

Applicants for disability insurance can often receive a mystifying response to their claim for benefits, an approval under a “reservation of rights.” After submitting a claim and providing a treating doctor’s certification of disability along with other medical evidence supporting a favorable claim determination, the expectation is that the claim will be approved. […]