Mark DeBofsky spoke at the Million Dollar Roundtable Foundation's Annual Meeting, which took place in Toronto, Canada from June 22nd through June 26th. 

posted 6/27/2008

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on June 9, 2008: Ruling shows problems with review system. Click on the link to read the article. 

Evans v. Astrue, No. 07-C-290 (N.D. Ind. June 2, 2008).  The Court issued a remand in this case because the ALJ failed to build a bridge from the evidence to his RFC conclusions and failed to discuss the specific duties involved in Plaintiff's prior job or assess her ability to perform those specific tasks.  Ms. Evans was represented by Frederick J. Daley, Jr. with assistance from Kate Hoppe and Suzanne Blaz.

posted 6/9/2008

On Friday, June 6, 2008, Mark DeBofsky spoke about Subrogation and Reimbursement at the 22nd Annual National Institute on ERISA Basics, which was held in Chicago, Illinois from June 4th through June 6th. 

posted 6/6/2008

Pfeiffer v. Astrue, No. 07-C-566 (W.D. Wisc. May 30, 2008).  The Court issued a remand in this case because the ALJ failed to properly weigh the medical opinions of record, which the Court noted showed greater limitations than the ALJ found. Additionally, the Court noted that the ALJ inappropriately dismissed the opinion of Plaintiff's psychotherapist, contrary to SSR 06-3p, as an unacceptable medical source and failed to follow SSR 00-4p and verify that the VE's testimoy was consistent with the DOT.  Mr. Pfeiffer was represented by Frederick J. Daley, Jr. with assistance from Heather Aloe.

posted 5/30/2008

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on May 19, 2008: Offset Ruling Beneficial to Claimants. Click on the link to read the article. 

On Wednesday, May 21, 2008, Mark DeBofsky spoke during a 90-minute ABA TIPS teleconference about, "Mental Illness Clauses in Disability Income Insurance Policies."  The program will be teleconferenced from George Washington University Law School in Washington, D.C. 

posted 5/21/2008

Dillon v. Astrue, No. 07-C-3652 (N.D. Ill. May 8, 2008).  The Court issued a remand in this case because the ALJ: improperly considered Plaintiff's alcohol addiction prior to finding him not disabled; failed to sufficiently explain his reasons for rejecting a treating doctor's opinion; selectively relied on parts of a State agency opinion while ignoring other mental limitations noted in the MRFC; and erroneously relied upon the Medical-Vocational Grids and should have, at a minimum, called upon a Vocational Expert.  The Court also found troubling the ALJ's dismissal of an examining opinion merely because Plaintiff's attorney had arranged for the evaluation. Mr. Dillon was represented by Frederick J. Daley, Jr. with assistance from Kim Jones and Suzanne Blaz.

posted 5/9/2008

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on April 28, 2008: Court prevents review of doctor's report. Click on the link to read the article.

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's 50th annual Law Day issue on April 26, 2008: The year in employee benefits. Click on the link to read the article.

posted 4/28/2008

Hill v. Astrue, No. 07-C-200 (N.D. Ind. Apr. 16, 2008).  The Court issued a remand in this case because the ALJ's conclusion that Ms. Hill could perform light work is not supported by substantial evidence, the determination as to the height and length of her elevation of her foot was unsupported, the ALJ's reasons for finding Ms. Hill not credible are contrary to SSR 96-7p and unpersuasive and the ALJ failed to follow SSR 00-4p. Ms. Hill was represented by Frederick J. Daley, Jr. with assistance from Suzanne Blaz.

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on April 14, 2008: Court finds conflict in insurer, reviewer relationship. Click on the link to read the article. 

On Thursday, May 15, 2008, Frederick J. Daley presented with Barry Schultz a talk about recent Federal Court Social Security cases at the Chicago Bar Association's Social Security disability law meeting.

White v. Astrue, No. 06-C-5610 (N.D. Ill. Apr. 10, 2008).  The Court issued a remand in this case because the ALJ failed to follow the Appeals Council's remand instructions, failed to follow SSR 96-7p and make a proper credibility determination, improperly dismissed Mr. White's memory problems and erroneously found him capable of performing past work despite numerous conflicts between the jobs' demands and his RFC opinion. Mr. White was represented by Frederick J. Daley, Jr. with assistance from Kate Hoppe and Suzanne Blaz.

posted 4/16/2008

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on March 31, 2008: Struggle over 'mental illness' exclusions. Click on the link to read the article. 

posted 4/1/2008

Juszynski v. LINA, No. 06-C-5503 (N.D. Ill. Mar. 28, 2008).  The Court granted summary judgment in this case noting that the totality of the evidence favored continuation, not termination, of Mr. Juszynski's LTD benefits and that LINA selectively reviewed the evidence when it chose to terminate benefits by disregarding consistent and largely uncontradicted treatment records.  Mr. Juszynski was represented by Mark DeBofsky.

posted 3/31/2008

Maki v. Astrue, No. 2:07-C-282 (E.D. Wisc. Mar. 18, 2008).  The Court issued a remand in this case because the ALJ: erroneously found the treating doctor’s assessment inconsistent with Ms. Maki’s work activity; erroneously held attempting to work against Ms. Maki when her attempt to work only further supports her allegations of disability; failed to properly discuss, assess and weigh all of the medical evidence as instructed by the Appeals Council; failed to adequately consider whether Ms. Maki met or equaled Listing 1.04A; did not follow the requirements of the Appeals Council regarding assessing Ms. Maki’s mental impairments; failed to trace a path from the evidence to the RFC conclusions, failing to make a proper RFC determination pursuant to SSR 96-8p; failed to provide the frequency of Ms. Maki’s sit-stand option as required by SSR 96-9p; and failed to meet his burden at step five of the sequential evaluation. Ms. Maki was represented by Frederick J. Daley, Jr. with assistance from Suzanne Blaz.

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on March 17, 2008: Court Nixes Insurer Offset for Dependent SSA Benefits. Click on the link to read the article. 

posted 3/18/2008

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on March 3, 2008: Rulings uphold State power over review clauses. Click on the link to read the article.

posted 3/3/2008

Paska v. Astrue, No. 07-C-3447 (N.D. Ill. Feb. 6, 2008).  The Court  issued a remand in this case because the ALJ: erred by ignoring medical evidence and GAF scores suggestive of greater mental limitations, thus, failing to comply with the requirement that she fully and fairly evaluate all of the medical evidence in the record and adversely affecting the credibility determination; inappropriately held Plaintiff’s going out for disability related appointments and obtaining help from his friends against his allegations of disabling mental limitations;  failed to properly build a bridge from the evidence to his findings; and erroneously made hypotheticals without relying on any medical opinion or report.  Mr. Paska was represented by Frederick J. Daley, Jr. with assistance from Suzanne Blaz.

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on February 11, 2008: A Painful Burden For Disability Claimants. Click on the link to read the article.

posted 2/28/2008

Kohel v. Astrue, No. 07-C-528 (E.D. Wisc. Feb. 1, 2008).  The Court  issued a remand in this case because the ALJ:  failed to properly consider Plaintiff's nebulizer use and how often it would cause him to be off task; failed to provide reasons to resolve discrepancies between reports he credited; failed to state what weight he gave to a consultative examiner's report; failed to provide specific reasons as to why Plaintiff was not credible; and failed to properly develop the evidence regarding Plaintiff's previously acquired job skills to properly determine whether any were transferable.  Mr. Kohel was represented by Frederick J. Daley, Jr. with assistance from Heather Aloe and Suzanne Blaz.

Rodriguez v. Astrue, No. 07-C-186 (N.D. Ill. Jan. 29, 2008).  The Court  issued a remand in this case because the ALJ: failed to follow SSR 82-61 by failing to take notice of the conflicts between the VE’s testimony and the DOT and by failing to resolve the apparent inconsistencies between the RFC and functional demands and job duties of can sorting as generally required throughout the national economy; and by failing to follow SSR 00-4p when determining that there were other jobs Plaintiff could purportedly perform in the current national economy.  Mr. Rodriguez was represented by Marcie E. Goldbloom with assistance from Suzanne Blaz.

posted 2/1/2008

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on January 28, 2008: 10th Circuit sticks to 'review proceeding'. Click on the link to read the article.

Szczecina v. Astrue, No. 1:07-C-252 (D. CO Jan. 24, 2008).  The Court  issued a remand in this case.  Ms. Szczecina was represented by Frederick J. Daley, Jr. with assistance from Violet Borowski and Heather Aloe.

posted 1/28/2008

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on January 21, 2008: Occupation review should look into the past. Click on the link to read the article. 

On January 23, 2008, David A. Bryant spoke about ERISA, Medicare, Social Security and Long-Term Care Insurance law as part of a seminar called, "Medicare and Elder Law: Representing Clients in a New Legal Landscape in Illinois."  The seminar took place in Itasca, Illinois and was presented by Lorman Education Services.

posted 1/23/2008

Mark DeBofsky wrote an article that was published in the John Marshall Law Review entitled "What process is due in the adjudication of ERISA claims?" Click here to read the article.

posted 1/15/2008

Whisenant v. Astrue, No. 1:06-C-5322 (N.D. IL Jan. 10, 2008).  The Court  issued a remand in this case because the ALJ: erred in finding Whisenant’s subjective complaints of pain not credible without explaining her reasons for discrediting the medical reports of neuropathy and fibromyalgia; failed to take into account the written observation of Whisenant’s seizure; failed to build a bridge from the evidence to her conclusions; and, as a result of the above errors, failed to pose accurate hypotheticals to the VE.  Ms. Whisenant was represented by Frederick J. Daley, Jr. with assistance from Marcie E. Goldbloom and Suzanne Blaz.

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on January 7, 2008: Wrongly used standard can deny worthy benefits. Click on the link to read the article. 

posted 1/10/2008

David A. Bryant presented, "How to Market Yourself and Your Practice More Effectively" with Scott Elkind in a national teleconference presented by Lorman Education Services.

posted 12/13/2007

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on November 26, 2007: Examining the nature of illness and injury. Click on the link to read the article. 

posted 11/27/2007

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on November 12, 2007: Credibility should have been the issue in review. Click on the link to read the article. 

posted 11/12/2007

Carl v. Astrue, No. 07-C-209 (W.D. WI Nov. 7, 2007).  The Court  issued a remand in this case because the ALJ: failed to appropriately consider and weigh the opinions of Plaintiff’s treating physicians and discounted their opinions without substantial evidence in support; failed to consider all of the evidence provided to him and failed to build a bridge from the evidence to his conclusions; made an inadequate credibility finding that failed to follow SSR 96-7p and improperly considered daily activities that were minimal at best; and failed to properly assess Plaintiff’s mental limitations and incorporate them into the RFC and hypotheticals. Ms. Carl was represented by Frederick J. Daley, Jr. with assistance from Heather Aloe.

posted 11/2/2007

Zimpfer v. Astrue, No. 3:06-C-704 (N.D. IN Nov. 2, 2007).  The Court  issued a remand in this case because the ALJ failed to make a proper credibility determination supported by substantial evidence, which made the ALJ's RFC and Step 5 findings inherently flawed.  Ms. Zimpfer was represented by Frederick J. Daley, Jr. with assistance from Suzanne Blaz.

Ruiz v. Astrue, No. 05-C-6098 (N.D. IL Oct. 30, 2007).  The Court  issued a remand in this case because the ALJ: failed to explain her RFC determination and trace a path from the evidence to her conclusions; erred in finding Ms. Ruiz capable of her past work as a nursing coordinator because she did not inquire into the demands of that position; and failed to follow SSR 96-7p and make a proper credibility determination.  Ms. Ruiz was represented by Frederick J. Daley, Jr. with assistance from Suzanne Blaz.

posted 11/2/2007

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on October 29, 2007: Benefit plan took the necessary steps Click on the link to read the article. 

posted 10/29/2007

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on October 15, 2007: Court refuses to rubber-stamp denial Click on the link to read the article. 

posted 10/16/2007

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on October 1, 2007: Line between 'job' and 'occupation' Click on the link to read the article. 

Khoury v. Astrue, Case No.: 1:04-cv-05452 (N.D. Ill. Sept. 30, 2007).  The Court  issued a remand in this case because the ALJ: failed to give specific reasons for his credibility finding and failed to follow SSR 96-7p by obtaining and considering evidence that would shed light on Mr. Khoury's credibility; failed to follow SSR 004-p; and failed to supply VE data to counsel.  Mr. Khoury was represented by Frederick J. Daley, Jr. with assistance from Violet Borowski and Heather Aloe. 

posted 10/2/2007

Marshall v. Astrue, No. 2:06-C-0264 (N.D. IN Sept. 25, 2007).  The Court  issued a remand in this case because the ALJ made an erroneous credibility finding, failed to evaluate MRFC by failing to perform a special technique, and did not properly examine the requirements of Ms. Marshall's past work at Step Four.  The Court mandates that the ALJ include a Step Five determination on remand, and also suggested that the ALJ get an MSS from the CE to further illuminate the extent of Ms. Marshall's mental limitations.  Ms. Marshall was represented by Frederick J. Daley, Jr. with assistance from Violet Borowski and Suzanne Blaz. 

Underwood  v. Astrue, No. 1:07-C-0001 (N.D. IL Sept. 20, 2007).  The Court  issued a remand in this case because the ALJ failed to include all Ms. Underwood's mental limitations into the RFC and hypotheticals resulting in erroneous VE testimony.  Ms. Underwood was represented by Frederick J. Daley, Jr. with assistance from Violet Borowski and Suzanne Blaz. 

posted 9/26/2007

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on September 17, 2007: 7th Circuit Ruling puts ERISA litigation back on track Click on the link to read the article. 

posted 9/17/2007

David A. Bryant presented, "Everything You Need to Know about Medicare, ERISA and Social Security Issues" on September 7, 2007 at the UBS Tower in Springfield.

posted 9/7/2007

Harris  v. Astrue, No. 2:06-C-222 (N.D. IN Aug. 27, 2007).  The Court  issued a remand in this case because the ALJ failed to support his refusal to rely on the treating physician's opinion and failed to consider Plaintiff's borderline mental functioning when determining RFC.  As a result, the Court found the ALJ's hypotheticals to the VE were deficient.  Additionally, the Court states that the ALJ inappropriately relied on a non-specific hypothetical and the ALJ should have asked the VE whether her testimony was consistent with the DOT after rather than before testifying.  Ms. Harris was represented by Frederick J. Daley, Jr. with assistance from Suzanne Blaz. 

Lavin v. Astrue, No. 01-C-8836 (N.D. IL Aug. 22, 2007).  The Court  issued a remand in this case because the ALJ erred by misconstruing Plaintiff’s daily activities as evidence that he could perform work contrary to the case law of this Circuit.  Mr. Lavin was represented by Marcie E. Goldbloom with assistance from Violet Borowski.

Nichols v. Astrue, No. 02-C-7099 (N.D. IL Aug. 16, 2007).  The Court  issued a remand in this case because the ALJ: failed to follow SSR 82-41 by not identifying transferable skills and providing evidence to show that jobs existed in significant numbers, failed to make clear whether he considered any nonexertional mental impairments or the effect of them upon the grid rules; did not build a logical bridge from his assessment of Plaintiff's and her husband's testimony to his credibility conclusion; and failed to consider a treating opinion or state why he disregarded it.  Ms. Nichols was represented by Frederick J. Daley, Jr.

Pierik v. Astrue, No. 06-C-6750 (N.D. IL Aug. 14, 2007).  The Court  issued a remand in this case because the ALJ did not have substantial evidence to support his decision to disregard favorable and treating evidence of record, give controlling weight to non-treating doctors, to discount the VE's testimony that Plaintiff was disabled and to find Plaintiff not credible.  The Court also specifically noted that the ALJ played doctor in determining what the evidence showed.  Mr. Pierik was represented by Frederick J. Daley, Jr. with assistance from Suzanne Blaz.

posted 8/29/2007

Diaz v. Prudential Ins. Co. of America,  No. 06-3822 (7th Cir. Aug. 23, 2007). The Seventh Circuit reversed the District Court's decision. Mr. Diaz was represented by Mark DeBofsky with assistance from James Comerford.

posted 8/23/2007

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on August 13, 2007: Ruling restores some balance to ERISA cases Click on the link to read the article. 

posted 8/13/2007

Groen v. Barnhart, No. 04-C-8232 (N.D. IL Aug. 2, 2007).  The Court  issued a remand in this case because the ALJ made an erroneous credibility finding that made inappropriate assumptions and failed to follow SSR 96-7p, failed to discuss and ignored the evidence presented by a treating doctor, played doctor and failed to fully and fairly develop the evidence, erroneously found Groen able to perform jobs with only one weak hand half a day without vocational testimony supporting such a conclusion, and failed to consider Groen's borderline age.  Mr. Groen was represented by Frederick J. Daley, Jr. and Marcie E. Goldbloom.

Pasha v. Astrue, No. 3:06-C-705 (N.D. IN July 31, 2007).  The Court  issued a remand in this case because the ALJ erred in finding Pasha's somatoform disorder not severe, failed to discuss Pasha's pain disorder and failed to consider her pain when making credibility determinations.  Ms. Pasha was represented by Frederick J. Daley, Jr. with assistance from law clerk Kate Hoppe. 

posted 8/7/2007

Mark DeBofsky was named an Employee Benefits Co-Chair for the ABA Employee Benefits Committee and wrote an article entitled "Erisa Litigation and Due Process," which appeared in the Summer 2007 newsletter.  Click here to read the article.

Mark DeBofsky's article, Disability Insurance Under the ERISA Law: Economic Security or Litigation Nightmare? was published in the Journal of Insurance Regulation Summer 2007 issue, Volume 25, No.4. 

Powers v. Barnhart, No. 06-cv-5320 (N.D. IL July 25, 2007).  The government declined to brief the case, but instead agreed to a voluntary remand.  This occurred after the case had been briefed for district court by Daley, DeBofsky and Bryant.  Ms. Powers was represented by Frederick J. Daley, Jr. with assistance from law clerk Suzanne Blaz.

Lipke v. Astrue, No. 06-C-675 (W.D. WI July 24, 2007).  The Court  issued a remand in this case because the ALJ failed to consider all of the treating physician's opinion, failed to indicate why the State agency doctors' opinions were more consistent with the evidence than that of the treating physician and made an inadequate credibility determination.  Mr. Lipke was represented by Frederick J. Daley, Jr. with assistance from Heather Aloe.

Gardenhire v. Astrue, No. 3:06-cv-744 (N.D. IN July 18, 2007).  The Court issued a decision remanding this case on a motion to alter or amend judgment because the ALJ failed to perform a proper MRFC as required by SSR 96-8p and 20 C.F.R. sec. 404.1520a.  Ms. Gardenhire was represented by Frederick J. Daley, Jr. with assistance from Heather Aloe. 

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on July 16, 2007: Unfair ruling against reasoning behind ERISA Click on the link to read the article. 

Murphy v. Astrue, No.  06-2422 (7th Cir. July 13, 2007).  The Seventh Circuit  issued a remand in this children's disability case because the ALJ ignored substantial evidence and his credibility determination was not supported by the record.  Mr. Murphy was represented by Marcie E. Goldbloom with assistance from attorney Heather Aloe.

posted 7/27/2007

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on July 2, 2007: Insured's silence not enough Click on the link to read the article. 

Arnett v. Barnhart, No. 3:06-cv-744 (N.D. IN July 3, 2007).  The government declined to brief the case, but instead agreed to a voluntary remand.  This occurred after the case had been briefed for district court by Daley, DeBofsky and Bryant.  Mr. Arnett was represented by Frederick J. Daley, Jr. with assistance from law clerk Kate Hoppe.

posted 7/3/2007

David A. Bryant presented "Medicaid and Medicare Liens, ERISA Health Insurance, & Long-Term Disability Offsets" on June 15, 2007 and June 29, 2007 for the IICLE Personal Injury Practice Update. 

posted 6/30/2007

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on June 18, 2007: No reason to deny jury trials for ERISA claims Click on the link to read the article. 

posted 6/18/2007

Eldridge v. Astrue, No. 2:06-C-301 (N.D. Ind June 15, 2007).  The Court  issued a remand in this case finding that the ALJ: erred in finding Mr. Eldridge was coached and for failing to consider his mental impairments may have led to his being fired; made an unsupported finding that Mr. Eldridge was not credible because he previously held a job while suffering from panic attacks; and failed to incorporate Mr. Eldridge's panic attacks and need for breaks into his RFC finding and hypotheticals resulting in an erroneous Step Five finding.  Mr. Eldridge was represented by Frederick J. Daley, Jr. with assistance from law clerks Kate Hoppe and Suzanne Blaz. 

Begolke v. Astrue, No. 06-C-445 (W.D. WI June 8, 2007).  The Court  issued a remand in this case because the ALJ failed to cite accurate and logical reasons for rejecting Plaintiff’s credibility about her asthma symptoms and for dismissing the opinion of plaintiff’s long-term treating physician. The ALJ also failed to undertake a careful evaluation of the medical evidence and made a deficient RFC finding because it failed to take into consideration Plaintiff’s obesity as required by SSR 02-1p and failed to follow SSR 96-8p by stating what evidence he relied upon in making his RFC finding. Ms. Begolke was represented by Marcie E. Goldbloom and Heather F. Aloe. 

David A. Bryant gave a presentation with Jonathon Feigenbaum at the American Conference Institute’s (ACI) Disability Claims & Litigation Conference, which was held June 5-8, 2007.

posted 6/15/2007

Aurand v. Astrue, No. 05-C-50241 (N.D. IL May 31, 2007).  The Court  issued a remand adopting the Magistrate Judge's Report and Recommendation in this case because the ALJ: failed to include any mental limitations into the hypotheticals as required by SSR 96-8p; failed to properly rate Mr. Aurand's symptoms and incorporate them into the hypotheticals; and made erroneous Step 4 and 5 determinations.   Mr. Aurand was represented by Frederick J. Daley, Jr. with assistance from law clerk Suzanne Blaz. 

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on June 4, 2007: Insurance adjuster wins bid for disability benefits Click on the link to read the article. 

posted 6/4/2007

On May 10, 2007, David A. Bryant and Gregory Benker presented a 4 hour talk at the Kansas Trial Lawyer's Association's Women's Caucus called "Lien on me" about ERISA and Medicare Liens.   

posted 5/10/2007

On May 4, 2007, Mark DeBofsky gave a 10 minute presentation on long-term disability insurance at the "10 Minutes, 10 Bucks, 10 Legal Topics for the General Practitioner" at the Illinois State Bar Association seminar.

On May 2, 2007, Mark DeBofsky spoke at the ABA ERISA Basics Seminar held in Chicago, Illinois. 

posted 5/4/2007

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on April 30, 2007: Big Step Toward Clearing Up ERISA Litigation Click on the link to read the article. 

posted 4/30/2007

On April 25, 2007, Mark DeBofsky presented his paper “What Process is Due in the Adjudication of ERISA Claims?" at the 5th Annual Employee Benefits Symposium at John Marshall Law School.  Mark's paper discusses the following:

The litigation of employee benefit claims under the ERISA law has been transformed since the issuance of Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101 (1989) into a summary adjudicative process.  Courts have characterized ERISA civil actions brought pursuant to 29 U.S.C. Section 1132(a)(1)(B) as “review proceedings” and have ruled that the determination of claims is based on the review of an “administrative record.”  This article examines the current approach taken by the courts and criticizes the misapplication of an administrative law framework and the denial of procedural due process, with life and death consequences in many cases.  

posted 4/25/2007

Evans v. Barnhart, No. 3:06-C-315 (N.D. IN April 13, 2007).  The Court  issued a remand in this case because the ALJ: did not obtain a proper waiver of Plaintiff's right to an attorney; did not fully and fairly develop Plaintiff's case; failed to consider her fatigue and Raynaud’s syndrome; failed to properly consider all of the effects of Plaintiff's Lupus on her ability to work; and made a flawed credibility determination.  Ms. Evans was represented by Frederick J. Daley, Jr. with assistance from law clerk Benjeman Nichols. 

On April 14, 2007, Mark DeBofsky presented “Insurance and Employment: Know Your Rights” with Susan Loeb at the Blood & Marrow Transplant Information Network’s “Celebrating a Second Chance at Life” symposium for Bone Marrow, Stem Cell, and Cord Blood Transplant Survivors. 

posted 4/16/2007

McKinney v. Barnhart, No. 05-C-5276 (N.D. IL April 6, 2007).  The Court  issued a remand in this case because the Appeals Council: erred in finding there to be a constructive trust; failed to support its determination that there was an agency relationship between the trustees and the beneficiary (Ms. McKinney's son) with any evidence or specific facts or reasoning; and failed to consider Illinois law governing the trust.  Additionally, the Court noted that the ALJ's failure to consider the settlor's intent was a fatal error, and stated that both the ALJ and Appeals Council failed to develop the record regarding the oral trust.  the Court instructed that a new ALJ been appointed upon remand because of the ALJ's treatment of Ms. McKinney at the hearing.  Ms. McKinney was represented by David A. Bryant with assistance from Gregory Benker and Suzanne Blaz.

posted 4/10/2007

Guilty v. Barnhart, No. 06-C-3545 (N.D. IL April 4, 2007).  The Court  issued a remand in this case because the ALJ ignored variations on hypotheticals supported by the ALJ's own Step Two finding and a State agency RFC, which the VE testified would result in a finding of no work at Step 5.  The Court also indicated that the ALJ should account for Plaintiff's depression in the hypotheticals and follow SSR 00-4p upon remand.  Ms. Guilty was represented by Frederick J. Daley, Jr. with assistance from Barbara Borowski. 

posted 4/4/2007

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on April 2, 2007: Is expediency more important than accuracy? Click on the link to read the article. 

posted 4/2/2007

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