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 […]
Courts face a challenging task when deciding disability benefit cases. That task is even harder with disability benefit cases brought under the ERISA law (Employee Retirement Income Security Act — 29 U.S.C. Sec. 1001, et seq.) where trials are rare. […]
The Employee Retirement Income Security Act (ERISA) is a landmark piece of legislation enacted in 1974 to safeguard the interests of employees who participate in retirement and health benefit plans offered by their employers. ERISA sets standards for these plans, ensuring transparency, fiduciary responsibility, and fairness in their administration. […]
In the area of cardiac conditions and disability insurance, it is important to note that despite advances in cardiac care and treatment, more than one in three American adults suffer from cardiovascular disease; and more than half are under age 60 (See the National Library of Medicine “Cardiovascular Disability Trends”). […]
In a recent Newsweek feature, Mark DeBofsky, the Founding Shareholder of DeBofsky Law, commented on the challenges within the U.S. health insurance system. […]
Some areas of law are tricky and need special attention, and employee benefits law is one of them. It’s a field that affects many people but often doesn’t get the spotlight it deserves. In an eye-opening episode of “15 Minutes,” host Bela Musits talks with expert attorney Mark DeBofsky, ERISA expert and founder of DeBofsky Law. […]