Articles

The Importance of Judicial Standards of Review in ERISA Litigation

by Mark Debofsky | May 20, 2025 | ERISA, ERISA Standard of Review

Congress enacted the Employee Retirement Income Security Act (ERISA) law to protect . . . participants in employee benefit plans and their beneficiaries, by requiring the disclosure and reporting to participants and beneficiaries of financial and other information with respect thereto, by establishing standards of conduct, responsibility, and obligation for fiduciaries of employee benefit plans, and by providing for appropriate remedies, sanctions, and ready access to the Federal Courts. […]

Denied Disability Benefits for a Rare Condition? Legal Strategies for Winning ERISA and Individual Claims Nationwide

by Matthew Maloney | May 14, 2025 | Disability Insurance, Long Term Disability, Medical Conditions

Obtaining disability benefits from your insurer is an uphill battle regardless of your condition. However, it is especially difficult for individuals with rare medical conditions to be awarded long-term disability benefits. Therefore, it is important to consult with an experienced disability attorney to help guide you through this complex process. […]

Privacy and Disability Claims: Understanding Federal and State Laws Governing Medical Information

by DeBofsky | May 2, 2025 | Disability Claim

When individuals file disability claims, they often share highly sensitive personal and medical information with disability insurance companies. This includes diagnoses, mental health records, and treatment history. […]

ERISA-Governed vs. Non-ERISA Group Benefits: Key Differences and Why They Matter

by Mark Debofsky | Apr 25, 2025 | ERISA

The Employee Retirement Income Security Act (ERISA) affects millions of Americans with employer-sponsored benefits, but most don’t know until a claim is denied. ERISA is an acronym for the Employee Retirement Income Security Act, a law passed by Congress in 1974. The primary intent behind ERISA was to protect employees’ retirement benefits. [..]

Things to Know Before Filing a Lawsuit Against a Disability Insurance Company

by DeBofsky | Apr 18, 2025 | Disability Insurance, ERISA

Has your disability insurer failed to decide on your claim? Long delays can leave you without income when you need it most. ERISA sets strict deadlines to ensure claims are handled fairly. […]

Disability Insurance for Ehlers-Danlos Syndrome

by Matthew Maloney | Apr 4, 2025 | Disability Insurance, Long Term Disability, Medical Conditions

Ehlers-Danlos Syndrome (EDS) is a rare but often severely disabling condition that can prevent you from performing your job duties. If you’re struggling with EDS symptoms and considering to apply for disability insurance benefits, this guide provides the essential information you need to strengthen your claim and protect your financial future. […]

ERISA Venue Provisions: Where Can You File Your Benefits Lawsuit?

by DeBofsky | Mar 17, 2025 | ERISA

The Employee Retirement Income Security Act of 1974 (ERISA) governs private sector employee benefits plans, including retirement, disability, and health plans. One of the key aspects of ERISA litigation is the question of venue — where participants or beneficiaries file their lawsuits when they believe their plan rights are violated. […]

How to Use Publicly Available Data to Support Your Long-Term Disability Case

by DeBofsky | Mar 6, 2025 | Disability Insurance, Long Term Disability

Navigating a long-term disability (LTD) claim under an ERISA-governed plan can be challenging. Whether you’re preparing to file a claim, appealing a denial, or considering litigation, access to key information can make a significant difference in the outcome of your case. […]

Disability Ruling Guides On Cases With Uncertain Causation

by Mark Debofsky | Feb 19, 2025 | Disability Insurance, ERISA

Deciding disability benefit claims correctly can often pose a challenge for both claimants and insurers. Since disability is dependent on functional restrictions and not just on a diagnosis, determining a claimant’s level of functionality with respect to basic activities such as sitting, standing and walking can be difficult, especially when disability results from symptoms such as pain. […]

Case Analysis: Scanlon v. Life Ins. Co. of N. Am.

by Matthew Maloney | Feb 17, 2025 | ERISA, Long Term Disability

Just over one year ago, the United States Court of Appeals for the Seventh Circuit issued a precedential decision that has a direct impact on disability cases subject to the Employee Retirement Income Security Act of 1974 (“ERISA”). […]

Can I File a Lawsuit Against My Disability Insurer if it Fails to Decide My Disability Claim?

by Mark Debofsky | Feb 17, 2025 | Disability Insurance, ERISA

If you have disability insurance coverage through your employer, it is probably governed by the Employee Retirement Income Security Act (ERISA), a federal law that regulates employee benefit plans. […]

When Are Employee Benefits Not Subject to ERISA?

by Mark Debofsky | Feb 7, 2025 | Disability Benefits, Employee Benefits, ERISA

The federal Employee Retirement Income Security Act (ERISA) [1] applies to most, but not all, employee benefits provided by private sector employers under a regime of very broad preemption that supersedes all state laws that relate to employee benefits.[2] While the scope of ERISA preemption is exceptionally broad, ERISA does not apply to plans offered […]