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Mark DeBofsky Recognized by Best Lawyers®

by Mark Debofsky | Aug 18, 2022 | Announcements, ERISA | 0 comments

DeBofsky Law is pleased to announce that our founder, Mark DeBofsky, was recognized in the 29th edition of The Best Lawyers in America® for high caliber work in Employee Benefits (ERISA) Law, Litigation – ERISA and Litigation – Insurance.

Inclusion in Best Lawyers is based on a rigorous peer-review survey comprising more than 12.2 million confidential evaluations by top attorneys.

For more than 40 years, Best Lawyers has been regarded—by both the profession and the public—as the most credible measure of legal integrity and distinction in the United States. As such, recognition by Best Lawyers symbolizes excellence in practice.

Mr. DeBofsky is honored for this recognition.

Disability Ruling Guides On Cases With Uncertain Causation

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.

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?

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?

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...

What Is Medical Opinion Evidence in a Long-Term Disability Case?

Dec 28, 2024 | Disability Benefits, ERISA, Long Term Disability

When filing a long-term disability (LTD) claim, success often depends on strong medical evidence. Among the most critical forms of proof is medical opinion evidence, which includes expert assessments from healthcare providers about your condition and limitations. […]

ERISA Ruling Is a Win For DOL Regulatory Authority

Dec 5, 2024 | Disability Benefits, Disability Claim, Disability Insurance, ERISA

During its most recent term, the U.S. Supreme Court overturned a 40-year-old precedent that guided courts in addressing administrative agency interpretations of the laws they regulate. In Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc.,[1] the Supreme Court ruled in 1984 […]