DeBofsky Law

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.

DeBofsky Law is proud to share a recent victory in Skowronski v. Briggs, a case involving 401(k) survivor benefits under...
03/30/2026

DeBofsky Law is proud to share a recent victory in Skowronski v. Briggs, a case involving 401(k) survivor benefits under ERISA.

The U.S. District Court for the Northern District of Illinois dismissed the lawsuit and upheld the rights of a surviving civil union partner under the terms of the IBM plan and Illinois law. The ruling is an important reminder that plan language matters and can directly affect who is entitled to retirement benefits.

Read the case here: https://www.debofsky.com/cases/skowronski-v-briggs-civil-union-retirement-benefits/

Proud to share that Mark D. DeBofsky served as co-counsel in a $27.5 million ERISA class action settlement on behalf of ...
03/23/2026

Proud to share that Mark D. DeBofsky served as co-counsel in a $27.5 million ERISA class action settlement on behalf of approximately 8,500 United Airlines retirees.

The retirees alleged that United Airlines denied them access to COVID-era retirement packages they were promised under a 2017 early-out policy. After a district court dismissal and a pending Seventh Circuit appeal, three mediation sessions produced a resolution: $27.5 million in class compensation plus eight flight passes for each class member.

This outcome is a reminder that ERISA claims can remain viable after an adverse trial court ruling. Persistence through the appeals process created the leverage that made settlement possible.
Co-counsel: Susan L. Meter and Samantha L. Brener, Kantor & Kantor LLP; Jamie S. Franklin, Civil Litigation Clinic at Chicago-Kent School of Law; Jeffrey Lewis, Keller Rohrback LLP.
Hoffman v. United Airlines, Inc. et al., No. 1:21-cv-06395 (N.D. Ill.)

03/16/2026

What does a “successful client” look like?
Not someone who tries to argue the case themselves.

Someone who becomes a great partner in building it.

In this clip, Mark DeBofsky explains what helps most:
✅ trust your legal team to drive strategy
✅ ask sharp questions
✅ share details that strengthen evidence
✅ flag concerns early (before deadlines control the outcome)

That kind of collaboration can change how persuasive the story is—because insurance cases are won by evidence, timing, and clarity.

If you’re preparing an appeal: the way you participate can strengthen the case.

Watch the clip

03/09/2026

In ERISA cases, one of the most overlooked “make-or-break” issues is the standard of review.
Mark DeBofsky explains it clearly in this clip:

• De novo review = the court weighs the evidence fresh
• Arbitrary & capricious = the insurer gets major deference
That difference can determine whether a claimant gets a fair shot—or has to climb a much steeper hill.

This is why specialized ERISA experience matters. You’re not just arguing facts—you’re fighting over the lens the court is allowed to use.

Watch the clip.

Explore ERISA resources: www.debofsky.com/articles/

03/02/2026

A common reason accidental death (AD&D) claims get denied:
The insurer says: “Natural causes.”

Even when the chain of events started with an accident.
In this clip, Mark DeBofsky explains how these denials work—and why cause-of-death framing becomes the battleground.

He also shares the real-world impact: these cases aren’t academic. They’re about a spouse, a family, a future.

If your AD&D or life insurance claim was denied, it may not be the end of the story.
Want help understanding what your denial is really saying?

Start here: www.debofsky.com

02/26/2026

AI can be useful for organizing information.

But in legal filings? It can also be a liability.
Mark DeBofsky explains the growing problem: hallucinated citations and AI-generated summaries that misstate what a case actually held.

In court, credibility is everything. A single wrong citation can:
• damage a case
• embarrass a lawyer
• erode trust with a judge

This is the real takeaway: technology can assist, but it can’t replace professional responsibility.

Watch the clip

www.debofsky.com

02/23/2026

“There is no better feeling.”

Mark DeBofsky talks about the moment we make the call: you won.
Not weeks later. Not “when we get a chance.”
Immediately.
Because for a client, that win can mean the difference between:
• keeping a home
• staying financially independent
• stopping the spiral of uncertainty
And the reaction? Often silence first—because relief doesn’t always come out as words.
If you’re waiting on an appeal or dealing with terminated benefits, don’t assume the insurer controls the ending.
Watch the clip

02/16/2026

Some legal work is about contracts and corporations.
This work is about people who are scared, exhausted, or grieving.

In this clip, Mark DeBofsky explains why DeBofsky Law shows up when it matters most—when a disability claim is denied, when a life insurance benefit is withheld, or when treatment is being blocked.

Because benefits aren’t abstract. They’re:
• time to heal
• stability for a family
• access to care
• dignity when life has changed

If you’re facing a denial, you deserve more than a form letter and a delay tactic.
Watch the short clip

www.debofsky.com

Think your disability insurance will protect you if you cannot work?The fine print may tell a different story.I recently...
02/02/2026

Think your disability insurance will protect you if you cannot work?

The fine print may tell a different story.
I recently joined Jamie Fleischner on the Income Protection Journal Podcast to discuss what high-earning professionals need to know about disability insurance before they need it.

Here are some key takeaways:
■ “Own occupation” does not always mean what you think. Many policies quietly redefine disability once you start earning income elsewhere. A true own-occupation policy pays benefits even if you are working in a different occupation and earning more than before.
■ Group and individual policies are fundamentally different products. Most group policies limit own-occupation coverage to 24 months, then require you to prove you cannot work in any occupation.
■ The 24-month mental health cap is an escape hatch you do not want to give insurers. People often accept a discount to include this limitation. They should not.
■ Legal guidance before filing can prevent expensive, irreversible mistakes. Once an ERISA appeal is complete, courts generally will not allow new evidence.
■ Choosing the lowest quote is usually the wrong decision.

A former client often resented paying premiums for years. Then they realized their broker gave them some of the best advice of their lives.

Listen to the full episode: https://player.blubrry.com/?podcast_id=151578606&media_url=https%3A%2F%2Fmedia.blubrry.com%2F3956461%2Fcontent.blubrry.com%2F3956461%2FIPP-MarkDebosky.mp3&modern=1&display=nw -Light&border-000000&progress-000000

View the full article o our website: https://www.debofsky.com/articles/mark-debofsky-income-protection-journal-podcast/

Marie E. Casciari will present as a panelist at the ABA Section of Labor and Employment Law, Employee Benefits Committee...
01/19/2026

Marie E. Casciari will present as a panelist at the ABA Section of Labor and Employment Law, Employee Benefits Committee Midwinter Meeting in Austin, Texas (Feb. 4-7, 2026).
Marie will join the “LTD and Life Insurance Litigation Roundtable” on Thursday, Feb. 5 (9:45-10:45 AM CT) - a point/counter-point discussion of the past year’s most pivotal ERISA long-term disability (LTD) and life insurance cases, focused on the holdings, reasoning, and strategic implications.

⚖️ When your ERISA disability or benefits claim is denied, you’re often forced into a choice you never wanted to make: s...
01/19/2026

⚖️ When your ERISA disability or benefits claim is denied, you’re often forced into a choice you never wanted to make: settle or keep fighting in court. Both paths can change your financial future—and neither is simple.
This article breaks down the real-world tradeoffs between ERISA settlement and litigation, including:
🔹 How ERISA’s limited remedies affect settlement value
🔹 When it makes sense to consider a lump-sum settlement
🔹 The risks and rewards of pushing forward to judgment
🔹 How courts review ERISA benefit denials (and why that matters)
🔹 Practical factors to weigh: health, time, stress, and long-term security
If you’re staring at a settlement offer and wondering whether to take it or go to court, you shouldn’t have to guess.
Read more: https://www.debofsky.com/articles/erisa-settlement-vs-litigation/ ⚖️

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60606

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