Mark DeBofsky was recently privileged to have been invited by Conquer Myasthenia Gravis (formerly known as the Myasthenia Gravis Foundation of Illinois) to present a talk on how to navigate the “Disability Maze” that persons diagnosed with myasthenia gravis, a neuromuscular disorder, often have to face.  The discussion addressed the differences between Social Security and private disability insurance and the elements of a successful disability claim.

You may view the presentation below or by visiting the Conquer Myasthenia Gravis Youtube Channel.

While the talk was focused on issues relating to myasthenia gravis, the issues discussed by Mark DeBofsky in his “Navigating the Disability Insurance Maze” talk are applicable to any potential disability benefit claimant; and even the question and answer session at the end of the talk raised issues that recur in all disability benefit claims regardless of the underlying basis of disability.  The topics addressed included the following:

  • What does the term “disability” even mean in the context of disability benefits?
  • What are the available sources of disability benefits?
  • What are the requirements to be eligible to receive Social Security disability?
  • What are the differences between Social Security and private disability insurance?
  • Should claimants apply both for Social Security and private disability if eligible for benefits from both?
  • What role does the treating doctor have in a disability claim and what statements from the doctor are helpful in proving disability?
  • What proactive steps claimants can take to make it more likely that a disability claim will be immediately approved?
  • What role does an attorney have in claiming disability benefits and when should a claimant speak with an attorney?
  • What can you do if your claim is denied?

 The full presentation was also published on the Conquer Myasthenia website.

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Update on ERISA-governed insurance benefit claims:  NACLE

Update on ERISA-governed insurance benefit claims: NACLE

ERISA law is constantly changing; and with each new ruling, the scope and context of how issues relating to disability, life and health benefits are resolved by the courts is constantly evolving.  In June of 2021, Mark DeBofsky recorded a continuing legal education program for the National Academy of Continuing Legal Education (NACLE) providing an update on ERISA-governed insurance claims.