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DeBofsky Law

DeBofsky Law - ERISA & Disability Insurance Attorneys Representing Claimants Nationwide.

A leading law firm dedicated to the representation of ERISA claimants in matters relating to retirement/pension plans, disability, life, health, and long-term care insurance. Our mission is to level the playing field for claimants seeking benefits from large insurance companies and corporations.

08/20/2026

A retirement account, a life insurance policy, and a TOD registration all pass under the beneficiary form on file with the plan, regardless of what the beneficiary designation says. Coordinating the two is a recurring problem in estate planning, and the rules shifted considerably after the SECURE Act.

On September 1, I am co-presenting a two-hour CLE on how to handle it correctly.

Mark D. DeBofsky, DeBofsky Law, Ltd.
Barry Salkin, The Wagner Law Group

What we cover:

- Post-SECURE beneficiary hierarchy
- The 10-year rule under the final RMD regulations
- Trusts as beneficiaries, conduit versus accumulation
- Spousal elections and rollovers
- ERISA preemption of state law

September 1, 2026
1:30 PM Central
Two general CLE credits

Registration is free with coupon code BDOT2026. Please share it.

https://mylawcle.com/products/beneficiary-designations-override-the-trust-coordinating-retirement-accounts-life-insurance-and-tod-registrations/

08/06/2026

We are proud to share a milestone for Marie Casciari, shareholder and leader of our Seattle office.
Super Lawyers has named her to the 2026 Washington Super Lawyers list.

Marie has previously been named a Rising Star. She now joins the Super Lawyers list.
Marie represents professionals, executives, and policyholders in ERISA, mental health parity, and long-term disability disputes across Washington. She pairs deep command of benefits law with steady, client-focused advocacy, and this recognition reflects that record.
Congratulations, Marie. This honor is well earned.

07/17/2026

Congratulations to our founding partner, Mark D. DeBofsky, named to the 2026 Leading Lawyers list of the Top 250 Leading Lawyers in Illinois.

Released to commemorate 250 years since the signing of the Declaration of Independence, the Top 250 list honors attorneys selected through a survey of their Illinois peers. Recognition from fellow lawyers is among the most meaningful measures of an attorney's work, and this honor reflects Mark's decades of advocacy for people whose disability, health, life, and retirement benefits are on the line.
Congratulations, Mark, on this well-earned distinction.

06/22/2026

Losing your job does not have to mean losing your long-term disability benefits.
This is one of the most common questions I get from clients: my employer terminated me, so are my benefits gone too? The answer surprises most people. If your disability began while you were covered, you likely remain eligible. Most LTD policies pay until retirement age regardless of employment status, and most claimants on long-term disability eventually lose their jobs anyway.

What matters is when your disability started, not whether you are still on payroll. ERISA Section 510 also protects you from employers who try to terminate you to block a benefit claim.
If you are facing termination while disabled, or your benefits have stopped after losing your job, do not assume the insurer is right. The 180-day appeal clock moves fast.

Read the full breakdown: https://www.debofsky.com/articles/claim-disability-benefits-if-terminated/

06/16/2026

Short-term disability replaces income. FMLA protects your job. They are not the same thing, and assuming they are can cost you both.

Many employees believe that receiving STD payments means their employer must hold their position. It does not. STD pays you while you cannot work. FMLA, separately, gives eligible employees up to 12 weeks of job-protected leave. An employer can legally terminate someone on STD if FMLA does not apply or has run out.

The intersection of ERISA, FMLA, and the ADA creates traps that catch people at their most vulnerable moment. Knowing which protection covers what, and which deadlines apply, is the difference between keeping your benefits and losing them.

If you are approaching the end of FMLA leave, or your STD claim has been denied, the decisions you make now are consequential.

Full article here: https://www.debofsky.com/articles/std-vs-fmla/

06/12/2026

There are over 1.3 million lawyers in the United States. When your disability, life, or health insurance claim has been wrongfully denied, how do you find the right one?
Not every lawyer is equipped to handle an ERISA benefit dispute. These cases run on federal procedural rules, strict deadlines, and a body of case law that takes years to learn. A divorce attorney is not a criminal defense attorney, and a personal injury lawyer is not an ERISA litigator.

When evaluating counsel for a benefit denial, three criteria matter most: practice concentration, track record at both appeal and litigation stages, and ERISA-specific experience. Ask how many appeals the lawyer has personally handled. Ask how many cases they have taken to judgment. Ask whether their firm has appellate decisions in cases like yours.

The right answers separate firms that work within the system from firms that have helped shape it.
Read the comprehensive guide here: https://www.debofsky.com/articles/choosing-the-right-lawyer-for-benefit-denial-cases-a-comprehensive-guide/

06/11/2026

Most people have never heard of ERISA. Yet this single federal law governs the disability, life, health, and retirement benefits of nearly every private-sector worker in America.

ERISA was enacted in 1974 to remedy pension plan abuses. Just before passage, Congress dramatically expanded its scope to cover welfare benefits as well. Today it reaches almost every employer-sponsored benefit, with narrow exceptions for government employees and church plans.

Why does this matter? Because if ERISA governs your claim, the rules are different. Different deadlines. Different remedies. Different courts. State law protections that would normally apply to insurance disputes are preempted. The 180-day appeal window is unforgiving, and missing it can permanently end your case.

Understanding whether ERISA applies to your benefit plan is the first step in protecting your rights when a claim is denied.

Read the full guide: https://www.debofsky.com/articles/benefit-plan-is-governed-by-erisa/

06/02/2026

Your doctor is not legally required to complete your disability claim paperwork. But without it, your claim will likely be denied.

I see this scenario often. A client is severely disabled, has been treating with their doctor for years, and is shocked when the office says it does not complete Attending Physician Statements. The reasons vary: time constraints, fear of being pulled into litigation, internal office policy. Whatever the cause, the impact on the claim is the same.

There are options. You can schedule an appointment to discuss the forms directly with your doctor. You can ask a treating PA or nurse practitioner. You can seek a specialist who is willing to support the claim, or pursue a third-party evaluation that addresses your condition, restrictions, and occupational duties.

Be careful, though. Switching doctors too often can look like doctor shopping to an insurer.

Full article with practical guidance: https://www.debofsky.com/articles/when-doctor-will-not-complete-disability-claim-forms/

05/27/2026

When a long-term disability claim is denied, the insurer sends a letter citing policy language, medical opinions, and procedural terms most people have never heard of. What the letter does not say is what matters most. Behind every denial is a person whose life just became exponentially harder.

This work is not only about mastering ERISA statutes or dissecting policy exclusions. It is about understanding the full picture. When someone loses their income to illness or injury, they are often facing the worst moment of their life. They deserve more than a form letter and a policy citation in response.

At DeBofsky Law, we treat every case as a partnership. Clients know where their claim stands, what obstacles we are working through, and what strategies we are deploying. We do not sugarcoat outcomes or make promises we cannot keep. We just do the work, case by case, decade after decade.

Read the full piece: https://www.debofsky.com/articles/disability-claim-denial-erisa-attorney/

05/25/2026

Qualifying for group long-term disability often means qualifying for Social Security Disability Insurance as well. What most claimants do not realize is that their LTD insurer may demand a substantial portion of their SSDI back pay the moment it arrives.

This is overpayment recoupment. When an LTD policy includes an offset provision for SSDI, the insurer is entitled to reduce ongoing benefits, and frequently to recover past benefits already paid. A retroactive SSDI award covering 18 or 24 months can trigger a repayment demand large enough to wipe out the lump sum entirely.

Insurers know this. They typically require LTD beneficiaries to apply for SSDI and even provide assistance with the process. The assistance is not free.

Understanding how offsets work, what your policy says, and what protections exist before you file for SSDI can save claimants from significant financial surprises down the road.

Full article: https://www.debofsky.com/articles/ssdi-overpayment-disability-insurer-repayment-demand/

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