Updates on the latest in benefits news and practical pointers for your benefits-related issues.
Severance Pact Forecloses Right To Pursue Disability Claim Later
Lawyers who represent employees in severance negotiations should be aware and take heed of the recent New York federal court ruling in Schuyler v. Sun Life Assurance Co., 2023 WL 2388757 (S.D. N.Y., March 7, 2023). That case illustrated a dangerous pitfall that may unwittingly result in unintended unfortunate consequences based on the court’s finding that an employee’s release of her employer also waived the employee’s right to sue her disability insurer. […]
Denied Sight-Unseen: Why Are Non-Examining Doctors So Prevalent in the Disability Insurance Industry?
Accessing mental health treatment can be difficult, even with health insurance. Critical laws are in place to expand access to mental health treatment by requiring equal coverage of mental health and medical/surgical care. […]
The Important Role Of Contra Proferentem In ERISA Cases
The outcome of Employee Retirement Income Security Act cases often turns on how courts interpret the meaning of specific benefit plan terms. The recently decided case of Stein v. Paul Revere Life Insurance Company, issued by the U.S. District Court for the Eastern District of Pennsylvania on March 16, illustrates what happens when plan terms are unclear and can have different meanings. […]
Mark DeBofsky Files Amicus Brief in Support of Rehearing En Banc for Landmark Behavioral Health Coverage Case
DeBofsky Law Founder, Mark DeBofsky, filed an amicus brief on March 17, 2023, on behalf of 9 prominent organizations in support of a rehearing en banc in the case of David and Natasha Wit v. United Behavioral Health. […]
Mark DeBofsky Appointed to ERISA Advisory Council
DeBofsky Law is proud to announce that its founder, Mark D. DeBofsky, has been appointed as a member of the 2023 Advisory Council on Employee Welfare and Pension Benefit Plans, also known as the ERISA Advisory Council.
DeBofsky Quoted in WaPo on NFL Disability Plan Issues
Our founder, Mark DeBofsky was quoted in a Washington Post (WaPo) investigation on the troubling issues with the NFL and the NFLPA’s joint disability plan for retired players.
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