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CASES OF NOTE: McKinnie v. Barnhart, 368 F.3d 907 (7th Cir. 2004), Young v. Barnhart, 362 F.3d 995, 1003 (7th Cir. 2004) and Diaz v. Prudential, No. 04-2342 (7th Cir. September 20, 2005). Click here for discussion and links to decisions. 

U.S. SUPREME COURT REVIEW

Daley, DeBofsky & Bryant sought Supreme Court review of the decision in Jewell v. Life Insurance Company of North America on February 19, 2008.  Please click on the case name for a copy of the petition for writ of certiorari. The Responsive Brief to the writ and Reply Brief have also now been filed. Cert was denied on June 2, 2008. 

Also, on March 31, 2008, Mark DeBofsky, as counsel for United Policyholders, filed an Amicus Curiae Brief in MetLife v. Glenn.

DDB last sought Supreme Court review of  Semien v. Life Insurance Company of North America on April 28, 2006, and in Davis v. UNUM Life Insurance Company of America on July 14, 2006; however, both cases were denied review on October 2, 2006.  Please click for the Semien Brief in Opposition, Reply Brief, and AARP Amicus Brief.  

Item of Interest: Milliman, Inc.'s Impact of Disability Insurance Policy Mandates Proposed by the California Department of Insurance dated 11/14/2005. 

ARTICLES & RECENT COURT DECISIONS:

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on August 4, 2008: Ruling underscores value of treating doctor's opinion. Click on the link to read the article.  posted 8/4/2008

Smith v. Astrue, No. 07-C-588 (N.D. Ind. July 29, 2008).  The Court issued a remand in this case because the ALJ's failed to properly specify the reasons for his credibility determination, failed to consider all of the relevant evidence and did not trace a path from the evidence to his conclusions resulting in an erroneous RFC and hypotheticals, thus, resulting in erroneous VE testimony. Mr. Smith was represented by Frederick J. Daley, Jr. with assistance from Kim Jones. posted 7/31/2008

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on July 21, 2008: Bankruptcy Omission Led to Estoppel. Click on the link to read the article.  posted 7/23/2008

Adams v. Astrue, No. 07-cv-2201 (C.D. IL July 17, 2008).  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. Adams was represented by Frederick J. Daley, Jr. with assistance from law clerk Suzanne Blaz. posted 7/23/2008

Gardner v. Astrue, No. 07-C-5083 (N.D. Ill. July 15, 2008).  The Court issued a remand in this case because the ALJ's hypotheticals to the VE were flawed. Mr. Gardner was represented by Frederick J. Daley, Jr. with assistance from Kate Hoppe and Suzanne Blaz. posted 7/16/2008

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on June 23, 2008: Ruling means end for lenient regime of reviews. Click on the link to read the article.  posted 6/24/2008

Raflik v. Astrue, No. 07-C-854 (E.D.Wisc. June 17, 2008).  The Court issued a remand in this case because the ALJ failed to inquire as to whether the VE's testimony conflicted with the DOT. Ms. Raflik was represented by Frederick J. Daley, Jr. with assistance from Suzanne Blaz. posted 6/24/2008

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.  posted 6/9/2008

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

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.  posted 5/20/2008

PRESENTATIONS:  

Mark DeBofsky will be speaking at the ABA ERISA Litigation conference to be held November 6-7, 2008, in Chicago, Illinois.  For more info, click here. 

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