At DeBofsky Law, we emphasize the importance of accurately designating beneficiaries for your retirement accounts, life insurance policies, and other financial assets. A Wall Street Journal article by Ashlea Ebeling, published on June 8, 2024, underscores the potential consequences of outdated beneficiary forms. Mark DeBofsky was quoted in the article, highlighting the need for better practices in managing these beneficiary designations. He stated, “There needs to be better practices to make sure that the information in paper forms is transferred into the electronic data records.” Ad ..read more

If you have been diagnosed with an autoimmune disorder and it is impacting your ability to work, you may qualify for disability benefits based on your condition.  Disability benefits protect your income if you cannot continue working due to your medical condition.  This article will discuss the principal issues to consider when filing a claim for disability benefits based on an autoimmune disease and key considerations to keep in mind as you navigate the claim process. What Are Autoimmune Disorders? Autoimmune diseases develop when your immune system attacks your own healthy organs a ..read more

Understanding the length of time you can receive disability benefits is crucial for financial planning and managing expectations.  The duration of disability benefits can receive disability benefits is dependent on several factors which are all spelled out in your policy.  These are some of the major ones: Whether you are unable to perform the duties or your usual occupation or cannot perform the duties of any occupation The nature of your disability — some conditions are payable for limited periods of time Your age when disability began Whether your disability is due to an accident ..read more

Living with Chronic Fatigue Syndrome (CFS), also known as myalgic encephalomyelitis (ME), can be an isolating and challenging journey.  The debilitating symptoms can impact every aspect of life, making even simple tasks feel like insurmountable obstacles.  For many individuals with ME/CFS, maintaining employment becomes impossible due to the severity of their condition.  In such cases, pursuing long-term disability benefits may offer essential financial support. However, navigating the complexities of the application process can be daunting.  This guide aims to shed light o ..read more

Mark DeBofsky will be a panelist in an insightful webinar hosted by Pandemic Patients. The session will focus on the implications of COVID-19 for disability insurance. This event is an excellent opportunity for individuals looking to understand the nuances of disability insurance in the context of the pandemic. Learn more about the webinar and register here. The post Mark DeBofsky to Speak at Upcoming Webinar on COVID-19 and Disability Insurance appeared first on DeBofsky Law ..read more

Two non-physical conditions that can impact an individual’s ability to work are hearing disorders and balance disorders. Severe cases may lead workers to file for short-term disability or long-term disability benefits. Below, we dive into the ins and outs of hearing and balance disorder disability claims. Understanding Hearing & Balance Disorders Hearing Disorders A hearing disorder is any condition that causes diminished hearing or complete deafness. The most common hearing disorders that can impact functionality include: Acoustic Neuroma: Acoustic Neuroma is a benign tumor on the vestib ..read more

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. However, there are exceptions to ERISA’s coverage, particularly concerning government and church plans. In this article, we’ll analyze these exceptions, exploring their origins, implications, and significance in the broader landscape of retirement a ..read more

Although mental health parity claims have been proliferating in federal courts for more than a decade, it wasn’t until last year that a federal appeals court laid out pleading standards for mental health parity cases.[1] Another appellate decision has now joined the chorus. In Ryan S. v. UnitedHealth Group Inc.,[2] the U.S. Court of Appeals for the Ninth Circuit overturned a dismissal this month from the U.S. District Court for the Central District of California and reinstated the plaintiffs’ claim under the Mental Health Parity and Addiction Equity Act, or MHPAEA.[3] It upheld the lower court ..read more

A CNN report cited medical research showing that “long Covid creates a higher burden of disability than either heart disease or cancer.” Studies have also found that long Covid has “forced between two million and four million Americans out of the workforce.” Long Covid causes sufferers to experience a host of symptoms, but the most debilitating ones are related to the brain and nervous system – brain fog, headaches, fatigue, and post-exertional malaise, which scientists believe is likely due to a failure of the autonomic nervous system.  Long Covid is also frequently associated with ..read more

Studies have shown that long COVID, a constellation of debilitating symptoms that persist after an initial COVID-19 infection, has resulted in significant disability for many. The Centers for Disease Control and Prevention reports that symptoms of long COVID such as brain fog and fatigue have affected nearly 7% of all American adults and limited their ability to work. A new decision from a federal court in Minnesota, Whitehouse v. Unum Life Insurance Company of America, 2024 WL 1209230 (D. Minn., March 21, 2024), addressed a disability insurance claim brought by a physician, Dr. Sara Whit ..read more