David A. Bryant will be speaking about Medicare at the Annual AAJ convention in July 2010.  David is a chair to the ERISA, Health and Disability Insurance Litigation Group.  For more information, click here.

POsted 7/12/2010

On June 24, 2010, David A. Bryant spoke at the ACI's 13th National advance Forum on Litigating Disability Insurance claims. 

POsted 6/24/2010

On May 28, 2010, Mark DeBofsky spoke at the 10th Patient/Caregiver Symposium, entitled "The Rush Parkinson's Disease Symposium held in Chicago from 12p.m. to 4:30 p.m. at the O'Hare Hyatt Regency.

POsted 5/28/2010

On May 19-21, 2010, Mark DeBofsky will be co-chairing the ERISA Basics conference to be held in Chicago, and will be speaking about the impact of HIPAA and COBRA on health benefits on May 21, 2010 at 8:30 a.m. 

POsted 5/20/2010

On Friday May 14, 2010, Frederick J. Daley and Heather Freeman spoke at the semi-annual NOSSCR conference in a session titled, "Addressing Vocational Testimony at Step Five." 

McCormick v. Astrue, No. 09-cv-227 (N.D. Ind. May 11, 2010).  The District Court issued a remand.  Mr. McCormick was represented by Frederick J. Daley with the assistance of Suzanne Blaz.   

Smith v. Astrue, No. 09-cv-101 (N.D. Ind. May 6, 2010).  The District Court issued a remand.  Ms. Smith was represented by Frederick J. Daley and Sandra Dye.   

Hamilton v. Astrue, No. 09-cv-11553 (E.D. Mich. May 6, 2010).  The District Court issued a remand for calculation of benefits; an outright reversal and award of benefits.  Ms. Hamilton was represented by Frederick J. Daley with the assistance of Suzanne Blaz.   

Huber v. Astrue, No. 09-cv-1292 (C.D. Ill. May 3, 2010).  The District Court issued a remand.  Mr. Huber was represented by Frederick J. Daley with the assistance of Suzanne Blaz.   

POsted 5/17/2010

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on May 3, 2010: Do complaints of debilitating pain result in disability? Click on the link to read the article. 

POsted 5/10/2010

On April 27, 2010, Mark DeBofsky and Frederick J. Daley spoke on a panel called, “You’ve Won!  Now What??”  Payment Processing and offsets, from A to Z at the 2010 Chicago NADR conference.

On April 24, 2010, Gregory Benker presented, "How to Spot an ERISA Plan (and avoid it) & the Top 10 Tips for Applying for Disability Benefits" at Loyola University Stritch School of Medicine.  

On April 20, 2010, Mark DeBofsky spoke at the BNA Webinar about, "Discretionary Clauses Under Fire: The Future of Discretionary Clauses in Health, Disability, and Life Insurance Plans." 

POsted 4/27/2010

Mabie v. Astrue, No. 09-cv-281 (N.D. Ind. April 20, 2010).  The Government agreed to voluntary remand after the case had been briefed by Frederick J. Daley with the assistance of Suzanne Blaz. 

POsted 4/20/2010

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on April 19, 2010: Courts face challenges with ERISA, limitations period.  Click on the link to read the article. 

McKinnie v. Astrue, No. 09-cv-83 (N.D. Ind. April 16, 2010).  The District Court issued a remand for an award of benefits.  Mr. McKinnie was represented by Heather Freeman and Frederick J. Daley. 

Richards v. Astrue, No. 09-2595 (7th Cir. April 13, 2010).  The Seventh Circuit issued a remand.  Ms. Richards was represented by Marcie E. Goldbloom and Frederick J. Daley. 

POsted 4/19/2010

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on April 5, 2010: How the courts address 'legal' disabilities.  Click on the link to read the article. 

POsted 4/5/2010

Shepherd v. Astrue, No. 09-cv-2156 (C.D. Ill. Mar. 31, 2010).  The Government agreed to voluntary remand after the case had been briefed by Frederick J. Daley with the help of Suzanne Blaz and Stephanie Tomal.

Grooms v. Astrue, No. 08-cv-14189 (E.D. Mich. Mar. 31, 2010).  The District Court issued a remand.  Ms. Grooms was represented by Frederick J. Daley.

Brady v. Astrue, No. 08-cv-4216 (N.D. Ill. Mar. 16, 2010).  The District Court issued a remand.  Ms. Brady was represented by Frederick J. Daley and Marcie E. Goldbloom.

POsted 4/1/2010

On March 18, 2010, Frederick J. Daley, Marcie Goldbloom and Suzanne Blaz spoke at the CBA Social Security Law Committee about the representation of claimants at the Federal District Court level.

Brady v. Astrue, No. 08-cv-4216 (N.D. Ill. Mar. 16, 2010).  The District Court issued a remand.  Ms. Brady was represented by Frederick J. Daley and Marcie E. Goldbloom.

Mark DeBofsky was recently quoted by Lawrence Kelley in his article, "The “Medical Occupation” Definition of Disability: Don’t Believe the Hype.

POsted 3/18/2010

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on March 15, 2010: Court looks at deficiencies in determining disability.  Click on the link to read the article. 

POsted 3/15/2010

Page v. Astrue, No. 09-cv-210 (E.D. Ken. Mar. 8, 2010).  The District Court issued a remand.  Ms. Page was represented by Frederick J. Daley and Marcie E. Goldbloom.

POsted 3/8/2010

Smith v. Astrue, No. 09-cv-41 (E.D. Wis. Mar. 2, 2010).  The District Court issued a remand.  Mr. Smith was represented by Frederick J. Daley with assistance from Kimberly Jones.

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on March 1, 2010: How CIGNA handles or mishandles disability claims.  Click on the link to read the article. 

Halbrook v. Astrue, No. 07-cv-150 (W.D. Mich. Feb. 18, 2010).  The District Court issued a remand.  Ms. Halbrook was represented by Frederick J. Daley with assistance from Suzanne Blaz.

Evans v. Astrue, No. 09-cv-132 (N.D. Ind. Feb. 18, 2010).  The District Court issued a remand.  Mr. Evans was represented by Frederick J. Daley with assistance from Suzanne Blaz.

POsted 3/2/2010

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on February 16, 2010: Who gets the last word in an ERISA claim appeal?  Click on the link to read the article. 

POsted 2/16/2010

Conley v. Astrue, No. 08-cv-2234 (C.D. Ill. Feb. 5, 2010).  The District Court issued a remand.  Mr. Conley was represented by Frederick J. Daley with assistance from Suzanne Blaz.

POsted 2/11/2010

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on February 1, 2010: A split in the circuits exists for ERISA benefit disputes.  Click on the link to read the article. 

POsted 2/1/2010

The Government agreed to voluntary remands in the following cases in January of 2010: Grigsby v. Astrue, No. 09-cv-2139 (C.D. Ill. Jan. 20, 2010) and Molsen v. Astrue, No. 09-cv-3891 (N.D. Ill. Jan. 13, 2010).  These clients were represented by Frederick J. Daley with assistance from Gregory Benker and Suzanne Blaz.

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on January 18, 2010: Courts deal with issue of ERISA attorney fees.  Click on the link to read the article. 

An article by Violet Borowski was featured in the ABA Employee Benefits Committee's winter 2009 Newsletter:  The Supreme Court’s Decision in Metropolitan Life v. Glenn: Clarity or Confusion?

Fuller v. Astrue, No. 08-cv-3292 (C.D. Ill. Jan. 15, 2010).  The District Court issued a remand.  Ms. Fuller was represented by Frederick J. Daley.

Buckner v. Astrue, No. 09-cv-2550 (N.D. Ill. Jan. 13, 2010).  The District Court issued a remand.  Ms. Buckner was represented by Frederick J. Daley with assistance from Kimberly Jones.

POsted 1/25/2010

Elmore v. Astrue, No. 08-cv-2221 (C.D. Ill. Dec. 15, 2009).  The District Court issued a remand.  Ms. Elmore was represented by Frederick J. Daley with assistance from Suzanne Blaz.

Fields v. Astrue, No. 08-cv-259 (S.D. Ind. Dec. 30, 2009).  The District Court issued a remand.  Mr. Fields was represented by Frederick J. Daley with assistance from Suzanne Blaz.

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on January 4, 2010: ERISA: A Frankenstein made up of different laws. Click on the link to read the article. 

POsted 1/4/2010

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on December 21, 2009: Applying deferential standard of review in evaluating claims. Click on the link to read the article.  posted

POsted 12/22/2009

The Government agreed to voluntary remands in the following cases in August through October after the case had been briefed by Daley, DeBofsky & Bryant: Bishop v. Astrue, Case No.: (E.D. Cal.), Brown v. Astrue, Case No.: 09-cv-174 (W.D. Wisc.), Cunningham v. Astrue, Case No.: 08-cv-568 (N.D. Ind.), Demchak v. Astrue, Case No.: 08-cv-475 (N.D. Ind.), Hanske v. Astrue, Case No.: 09-cv-48 (N.D. Ind.), Hawks v. Astrue, Case No.: 09-cv-70 (N.D. Ind.), Johnson v. Astrue, Case No.: 09-cv-1402 (N.D. Ga.), Keeling v. Astrue, Case No.: 09-cv-15 (N.D. Ind.), Little v. Astrue, No. 08-cv-990 (N.D. Ill. Aug. 7, 2009), McCormick v. Astrue, Case No.: 09-cv-147 (E.D. Wisc.), Nagel v. Astrue, Case No.: 08-cv-6035 (N.D. Ill.), Newsom v. Astrue, Case No.: 09-cv- 10508 (E.D. Mich.), Roman v. Astrue, Case No.: 08-cv-2019 (M.D. Fl.) These clients were represented by Frederick J. Daley, Jr. with assistance from Marcie Goldbloom, Kimberly Jones, Gregory Benker and Suzanne Blaz. 

Leisure v. Astrue, No. 08-cv-2222 (C.D. Ill. Dec. 7, 2009).  The District Court issued a remand.  Mr. Leisure was represented by Frederick J. Daley with assistance from Suzanne Blaz.

POsted 12/14/2009

McConkey v. Astrue, No. 08-cv-2249 (C.D. Ill. Dec. 1, 2009).  The District Court issued a remand.  McConkey was represented by Frederick J. Daley with assistance from Suzanne Blaz.

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on November 30, 2009: Get to the truth on the matter. Click on the link to read the article.

POsted 12/3/2009

Mark DeBofsky spoke at the 19th Annual National Institute ERISA Litigation conference for the plaintiff's side on long-term disability claims. 

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on November 16, 2009: Court revisits difficult issue of 'total disability'. Click on the link to read the article. 

Lauer v. Astrue, No. 08-cv-831 (E.D. Wisc. Nov. 10, 2009).  The District Court issued a remand.  Mr. Lauer was represented by Frederick J. Daley and Kimberly Jones

On November 10, 2009, Equip for Equality recognized Daley, DeBofsky & Bryant as a pro bono leader. 

POsted 11/17/2009

Mark DeBofsky spoke at the ABA Section of Labor & Employment Law 3rd Annual CLE conference in Washington, D.C., which was held November 4 to 7, 2009. 

Mark DeBofsky spoke at a workshop entitled, "In the Lion's den: Surviving Cross-Examination" at  the American Academy of Psychiatry and the Law's Annual Meeting  held in Baltimore, MD from October 29 to November 1, 2009.

Chandler v. Astrue, No. 08-cv-2204 (C.D. Ill. Oct. 9, 2009).  The District Court issued a remand.  Ms. Chandler was represented by Frederick J. Daley with assistance from Suzanne Blaz.

Watson v. Astrue, No. 08-cv-2173 (C.D. Ill. Oct. 5, 2009).  The District Court issued a remand.  Mr. Watson was represented by Frederick J. Daley with assistance from Suzanne Blaz.

POsted 11/5/2009

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on November 2, 2009: Battle over standard of review likely to continue. Click on the link to read the article. 

POsted 11/2/2009

Hughes v. Astrue, No. 08-cv-2211 (C.D. Ill. Oct. 28, 2009).  The District Court issued a remand.  Ms. Hughes was represented by Frederick J. Daley, assisted by Suzanne Blaz. posted

Travis v. Astrue, No. 09-cv-77 (W.D. Wisc. Oct. 22, 2009).  The District Court issued a remand.  Mr. Travis was represented by Frederick J. Daley and Marcie Goldbloom, assisted by Suzanne Blaz.

POsted 10/28/2009

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on October 19, 2009: When a literal reading can be overridden. Click on the link to read the article. 

POsted 10/22/2009

On October 16, 2009, Mark DeBofsky spoke about "Disability Issues in patients and clients with multiple sclerosis" at the 2009 Rush University Medical Center Neurorehabilitation Symposium in Chicago, Illinois.

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on October 5, 2009: 9th Circuit ruling provides greater protection of benefits. Click on the link to read the article. 

POsted 10/16/2009

On September 24, 2009, Mark DeBofsky will be speaking at the State Bar of Georgia CLE conference on "Employment Law for the General Practitioner and the Pros" about Short-Tem, Long-term and Social Security Disability benefits. For information, click here. 

POsted 10/14/2009

Mark DeBofsky will be part of a panel of speakers talking about, "Disability and Mental Illness - What it Means for You, Your Practice and Your Clients" at the DRI Annual Meeting on Friday, October 8, 2009, at 1:30 p.m., which is being held in Chicago at the Sheraton Chicago Hotel & Towers. For more information, click here. 

POsted 10/14/2009

Terry v. Astrue, No. 08-cv-330 (E.D. Wisc. Sept. 30, 2009).  The District Court issued a remand.  Mr. Terry was represented by Frederick J. Daley and Marcie Goldbloom.

On September 29, 2009, in Zanon v. Astrue, No. 08-cv-15337 (E.D. Mich.) and McNelis v. Astrue, No. 08-cv-12529 (E.D. Mich.), the District Court issued remands.  They were both represented by Frederick J. Daley.

Sucharski v. Astrue, No. 08-cv-284 (E.D. Wisc. Sept. 25, 2009).  The District Court issued a remand.  Ms. Suzharski was represented by Frederick J. Daley and Heather Freeman.

POsted 9/30/2009

 The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on September 21, 2009: Clarity needed on contractual periods of limitation. Click on the link to read the article. 

Reich v. Astrue, No. 08-cv-5810 (N.D. Ill. Sept. 15, 2009).  The District Court issued a remand.  Mr. Reich was represented by Frederick J. Daley and Marcie Goldbloom.

POsted 9/21/2009

Thompson v. Astrue, No. 08-cv-234 (N.D. Ind. Sept. 1, 2009).  The District Court issued a remand.  Ms. Thompson was represented by Frederick J. Daley and Kimberly Jones.

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on August 31, 2009: Ruling Clarifies Contractual Limitations Periods. Click on the link to read the article. 

Plesha v. Astrue, No. 07-cv-6602 (N.D. Ill. Aug. 31, 2009).  The District Court issued a remand.  Ms. Plesha was represented by Frederick J. Daley with assistance from Suzanne Blaz.

Taylor v. Astrue, No. 08-cv-2178 (C.D. Ill. Aug. 24, 2009).  The District Court issued a remand.  Ms. Taylor was represented by Frederick J. Daley with assistance from Suzanne Blaz.

Mattison v. Astrue, No. 09-cv-60 (E.D. Wisc. Aug. 21, 2009).  The District Court issued a remand.  Ms. Mattison was represented by Frederick J. Daley and Kimberly Jones.

POsted 9/1/2009

Boruff v. Astrue, No. 08-cv-14585 (E.D. Mich. Aug. 17, 2009).  The District Court issued a remand.  Mr. Boruff was represented by Frederick J. Daley and Marcie Goldbloom.

Ellwanger v. Astrue, No. 09-cv-80 (W.D. Wisc. Aug. 14, 2009).  The District Court issued a remand.  Mr. Ellwanger was represented by Frederick J. Daley and Marcie Goldbloom.

POsted 8/18/2009

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on August 3, 2009: Payment Delays Merely Encourage Denials. Click on the link to read the article.

POsted 8/7/2009

Anderson v. Astrue, No. 08-cv-2108 (C.D. Ill. July 29, 2009).  The District Court issued a remand.  Ms. Anderson was represented by Frederick J. Daley, Jr. with assistance from Suzanne Blaz.

Renna v. Astrue, No. 08-cv-682 (W.D. Wisc. July 16, 2009).  The District Court issued a remand.  Mr. Renna was represented by Frederick J. Daley, Jr. with assistance from Suzanne Blaz.

Woods v. Astrue, No. 08-cv-348 (E.D. Ken. July 15, 2009).  The District Court issued a remand.  Mr. Woods was represented by Frederick J. Daley, Jr. with assistance from Kate Hoppe.

The Government agreed to voluntary remands in the following cases in July  after the case had been briefed by Daley, DeBofsky & Bryant: Jeroy v. Astrue, No. 08-cv-13753 (E.D. Mich. July 9, 2009); Zanon v. Astrue, No. 08-cv-15337 (E.D. Mich. July 13, 2009); Reffett v. Astrue, No. 08-cv-2257 (C.D. Ill. July 21, 2009); Deisch v. Astrue, No. 08-cv-6557 (N.D. Ill. July 23, 2009); and Garcia v. Astrue, No. 08-cv-6300 (N.D. Ill. July 23, 2009).  These clients were represented by Frederick J. Daley, Jr. with assistance from Kate Hoppe, Kim Jones, and Suzanne Blaz.

POsted 7/30/2009

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on July 6, 2009: Claims require an 'independent decision,' not a 'review'. Click on the link to read the article.  posted 7/7/2009

POsted 7/7/2009

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on June 29, 2009: Efficiency, expediency need to give way to fairness. Click on the link to read the article. 

POsted 6/29/2009

Buljina v. Astrue, No. 08-cv-1904 (DC D. June 22, 2009).  The Government agreed to a voluntary remand after the case had been briefed by Daley, DeBofsky & Bryant.  Mr. Buljina was represented by Frederick J. Daley, Jr. with assistance from Suzanne Blaz.

POsted 6/22/2009

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on June 15, 2009: Ruling provides thoughtful primer on discovery. Click on the link to read the article. 

Moreau v. Astrue, No. 08-cv-205 (N.D. Ind. June 11, 2009).  The District Court issued a remand.  Ms. Moreau was represented by Frederick J. Daley, Jr. with assistance from Suzanne Blaz.

Bringe v. Astrue, No. 08-cv-1025 (E.D. Wisc. June 10, 2009).  The District Court issued a remand.  Ms. Bringe was represented by Frederick J. Daley, Jr. with assistance from Suzanne Blaz.  

POsted 6/16/2009

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on June 1, 2009: Claim decisions must be reasonable and accurate. Click on the link to read the article. 

POsted 6/2/2009

Washington v. Astrue, No. 08-cv-990 (E.D. Mich. May 20, 2009).  The Government agreed to a voluntary remand after the case had been briefed by Daley, DeBofsky & Bryant.  Ms. Washington was represented by Frederick J. Daley, Jr. with assistance from Kate Hoppe.

Heflick v. Astrue, No. 08-cv-996 (E.D. Wisc. May 20, 2009).  The District Court issued a remand.  Ms. Heflick was represented by Frederick J. Daley, Jr. with assistance from Suzanne Blaz.

POsted 5/20/2009

Frederick J. Daley and Heather Freeman gave presentations at the NOSSCR conference held in Washington, D.C. from May 13 to 16, 2009.  For more info, click here.

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on May 18, 2009: Ruling affirms Glenn's impact on standard of review. Click on the link to read the article. 

Davis v. Astrue, No. 08-cv-2091 (C.D. Ill. May 12, 2009).  The District Court issued a remand.  Ms. Davis was represented by Frederick J. Daley, Jr. with assistance from Suzanne Blaz.

POsted 5/18/2009

Day v. Astrue, No. 08-3031 (7th Cir. April 28, 2009).  The Seventh Circuit issued a remand.  Mr. Day was represented by Marcie E. Goldbloom with assistance from Suzanne Blaz.

Wolvin v. Astrue, No. 08-cv-476 (E.D.Wisc. April 28, 2009).  The District Court issued a remand in this case. Mr. Wolvin 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 May 4, 2009: Settlement did not justify vacatur: U.S. court. Click on the link to read the article. 

POsted 5/5/2009

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on April 20, 2009: De novo review is not a rubber stamp. Click on the link to read the article.

Hisel v. Astrue, No. 08-cv-244 (E.D. Ky. April 23, 2009).  The District Court issued a remand in this case. Mr. Hisel was represented by Frederick J. Daley, Jr. with assistance from Kate Hoppe

Kromer v. Astrue, No. 08-cv-5181 (D.Min. April 21, 2009).  The Government agreed to a voluntary remand after the case had been briefed by Daley, DeBofsky & Bryant.  Ms. Kromer was represented by Frederick J. Daley, Jr. with assistance from Kim Jones.

POsted 4/24/2009

Travis v. Astrue, No. 08-cv-1774 (N.D. Ala. Mar. 31, 2009).  The District Court issued an outright reversal in this case because the ALJ did not properly consider the medical evidence in the record, as well as three treating physicians documenting the plaintiff’s disabling mental impairments that exist despite any drug or alcohol abuse.  Mr. Travis was represented by Frederick J. Daley, Jr. with assistance from Kate Hoppe.

Jenkins v. Astrue, No. 07-cv-2193 (C.D. Ill. Mar. 26, 2009).  The District Court issued a remand in this casebecause the ALJ's RFC determination lacked a medical opinion upon which to rely, relying on State agency opinions he expressly rejected and by failing to adequately explain and trace a path from the evidence to his RFC findings.  Ms. Jenkins was represented by Marcie E. Goldbloom with assistance from Suzanne Blaz. 

Ingram v. Astrue, No. 07-cv-2157 (C.D. Ill. Mar. 25, 2009).  The District Court issued a remand in this case.  Ms. Ingram 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 6, 2009: Discretionary clauses under heavy fire. Click on the link to read the article. 

posted 4/10/2009

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on March 23, 2009: Ruling shows courts must take more responsibility. Click on the link to read the article.

Richardson v. Astrue, No. 08-cv-142 (S.D. Ill. Mar. 23, 2009).  The District Court issued a remand in this case because the ALJ failed to discuss or weigh the findings of therapist Miller or his functional assessment report, the Court found the ALJ’s credibility determination “troubling,” failing to make a proper determination and consider all the factors as required by SSR 96-7p and the ALJ’s hypotheticals and RFC finding failed to adequately reflect the evidence supporting the findings of moderate limitations in the areas of concentration, persistence and pace and social functioning. Ms. Richardson was represented by Frederick J. Daley, Jr. with assistance from Suzanne Blaz.

posted 3/24/2009

Mark DeBofsky was nominated as a finalist for LexisNexis' Insurance Law Center Policyholder Attorney of the Year award.  Mark was the only attorney from Chicago nominated. 

Mark DeBofsky was one of the presenters talking about, "Mediation Skills and Strategies" at the 12th Annual  Labor & Employment Law Update held in the USB Tower in Chicago, Illinois, on March 20, 2009 and at the Hilton Garden Inn in Champaign, Illinois on March 25, 2009. 

Davis v. Astrue, No. 08-cv-133 (N.D. Ind. Mar. 12, 2009).  The government agreed to a voluntary remand after the case had been briefed by Daley, DeBofsky and Bryant.  Ms. Davis was represented by Marcie E. Goldbloom with assistance from Suzanne Blaz.  

posted 3/20/2009

Leger v. Tribune Company Long Term Disability Benefit Plan, 2009 U.S.App.LEXIS 5108 (7th Cir. March 9, 2009). The Seventh Circuit remanded this case for further proceedings.  Plaintiff was represented by Mark DeBofsky. 

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on March 16, 2009: Ruling exposes defects in insurer's determination. Click on the link to read the article. 

posted 3/16/2009

McKinney v. Astrue, No. 08-cv-309 (E.D. Ken. Mar. 11, 2009).  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. McKinney was represented by Frederick J. Daley with assistance from Kate Hoppe.

Guerrero v. Astrue, No. 07-cv-2246 (D. Hi. Mar. 10, 2009).  The District Court adopted the MJ's Report & Recommendation and issued a remand in this case.  Ms. Guerrero was represented by Frederick J. Daley, Jr. with assistance from Kimberly Jones.

Minyard v. Astrue, No. 08-cv-2023 (N.D. Ga. Mar. 10, 2009).  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. Minyard was represented by Marcie E. Goldbloom with assistance from Suzanne Blaz.

Anderson v. Astrue, No. 08-cv-613 (N.D. Ill. Mar. 10, 2009).  The District Court issued a remand in this case because the ALJ failed to explore Mr. Anderson's reasons for not pursuing certain treatment, as required by SSR 96-7p, preferring to make inappropriate inferences, wrongly found that Plaintiff's ability to read and use a computer undermined his medication side-effects, and improperly rejected the credibility of Mr. Anderson's wife.  Additionally, the hypotheticals failed to account for some o the ALJ's own RFC findings as well as Mr. Anderson's pain and medication side-effects.  Mr. Anderson was represented by Frederick J. Daley, Jr. with assistance from Kimberly Jones.

Huber v. Astrue, No. 07-cv-2246 (C.D. Ill. Mar. 3, 2009).  The District Court adopted the Magistrate Judge's Report & Recommendation and issued a remand in this case.  Ms. Huber 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 2, 2009: Consider this before wrongfully denying a claim. Click on the link to read the article. 

Winston v. Astrue, No. 08-cv-126 (N.D. Ind. Feb. 26, 2009).  The District Court issued a remand in this case because the ALJ improperly dismissed the treating physician opinion as inconsistent when his opinion was consistent with someone with a bipolar condition, who had both good and bad days, resulting in an incomplete RFC and hypotheticals.  Mr. Winston was represented by Frederick J. Daley, Jr. with assistance from Suzanne Blaz.

Irvine v. Astrue, No. 07-cv-50250 (N.D. Ill. Feb. 26, 2009).  The District Court issued a remand in this case.  Mr. Irvine was represented by Frederick J. Daley, Jr. with assistance from Suzanne Blaz.

Frederick J. Daley presented a seminar with former VE Kathryn Heatherly called, "Building a Winning Hypothetical: Getting the Most From VE testimony," at the Spring 2009 NADR conference held in Baltimore, MD. For more information, click here.

posted 3/11/2009

Spencer v. Astrue, No. 07-cv-4641 (N.D. Ill. Feb. 12, 2009).  The District Court issued a remand in this case because the ALJ made his own physical RFC assessment, splitting the difference between the State agency RFC and Plaintiff's testimony.  Ms. Spencer was represented by Marcie E. Goldbloom with assistance from Suzanne Blaz.

Frederick J. Daley and Marcie E. Goldbloom presented a seminar, "Succeed at the Administrative Law Judge Hearing" covering a variety of topics to help others gain the skills you need to handle Social Security Disability Cases in Oak Brook, Illinois on February 17, 2009, and in Chicago, Illinois on February 18, 2009. 

posted 2/17/2009

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on February 2, 2009: Court right to look at big picture in benefits case. Click on the link to read the article.

Mark DeBofsky and Sandra Dye were named in the Illinois Super Lawyers 2009. Mr. DeBofsky was named a Super Lawyer in Employee Benefits/ERISA and was listed in the top 100 lawyers.  Ms. Dye was named an Illinois Rising Star in the Social Security Disability field. 

posted 2/3/2009

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on January 19, 2009: Ruling outlines scope of review in ERISA case. Click on the link to read the article. 

posted 1/23/2009

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on December 29, 2008: Ruling puts Glenn decision to work. Click on the link to read the article. 

posted 12/30/2008

Hemminger v. Astrue, No. 08-cv-186 (W.D. Wisc. Dec. 16, 2008).  The District Court issued a remand in this case because the ALJ failed to call a vocational expert to testify regarding the occupational impact of the requirement that Plaintiff be allowed to change position from sitting to standing every half an hour, and instead reached her  conclusion at Step Five based upon the Medical-Vocational Guidelines; improperly relied on notations that Plaintiff’s condition was stable to discredit her treating doctor’s opinion and Plaintiff’s testimony; erroneously misconstrues Plaintiff’s doctors’ recommendations that she do some walking against her;  inappropriately held the lack of further treatment other than medication against Plaintiff when Plaintiff testified that her doctor indicated there was nothing more that could be done, inappropriately playing doctor; failed to build a logical bridge from the evidence to her credibility conclusions; misconstrued the Medical Expert’s testimony regarding Plaintiff’s mental limitations; and failed to properly consider the effect of her combination of impairments on her ability to work.  Ms. Hemminger was represented by Frederick J. Daley, Jr. with assistance from Suzanne Blaz. posted 12/16/2008

Sassan v. Astrue, No. 08-cv-120 (E.D. Mich. Dec. 15, 2008).  The District Court issued an order adopting the Magistrate Judge's Report & Recommendation to remand this case because the ALJ failed to address Plaintiff’s undisputed limitations in neck flexion and pushing and pulling and misinterpreted treating evidence in this regard, resulting in an erroneous RFC determination and erroneous hypotheticals  to the VE.  Ms. Sassan was represented by Frederick J. Daley, Jr. with assistance from Marcie Goldbloom and Kate Hoppe. posted 12/16/2008

Speer-Cihlar v. Astrue, No. 08-cv-911 (N.D. Ill. Dec. 12, 2008).  The District Court issued a remand in this case because the ALJ repeatedly failed to build a bridge from the evidence to his conclusions, disregarding nearly all of the medical professional opinions of record, and failed to indicate his rationale made meaningful review impossible and which resulted in an incomplete RFC determination and erroneous hypotheticals.  Additionally, the ALJ ignored evidence from Plaintiff’s treating doctor and improperly misconstrued Plaintiff’s minimal activities against her.  Ms. Speer-Cihlar was represented by Frederick J. Daley, Jr. with assistance from Suzanne Blaz. posted 12/16/2008

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on December 15, 2008: Insurer functioned as administrator: court. Click on the link to read the article.  posted 12/16/2008

Brown v. Astrue, No. 08-cv-2052 (N.D. Ill. Dec. 11, 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.  Ms. Brown was represented by Frederick J. Daley with assistance from Kim Jones.

posted 12/16/2008

The following article by Mark DeBofsky appeared in the Chicago Daily Law Bulletin's Workplace Issues section on December 1, 2008: Ruling an indictment of Unum's operations. Click on the link to read the article. 

Hennessy v. Astrue, No. 07-cv-6923 (N.D. Ill. Nov. 21, 2008).  The District Court issued a remand in this case because the ALJ: erred in rejecting the treating doctor’s 2007 opinion because there was no contradictory opinion and based upon his own lay opinion, noting that an consultative examination from 2 years prior to the opinion cannot invalidate it; and did not provide an articulated credibility determination, failed to consider objective evidence supporting Plaintiff’s allegations and relied on mere speculation.  Mr. Hennessy was represented by Frederick J. Daley, Jr. with assistance from Kate Hoppe and Suzanne Blaz.

Kubiak v. Astrue, No. 08-cv-1108 (W.D. Ten. Nov. 28, 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. Kubiak was represented by Marcie E. Goldbloom with assistance from Kate Hoppe.

Allen v. Astrue, No. 08-cv-2127 (C.D. Ill. Nov. 19, 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.  Ms. Allen 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 November 24, 2008: An end to lenient regime of claim reviews. Click on the link to read the article. 

posted 12/1/2008

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