Archives
Archives: 12/17/04 to 3/23/05
On April 15, 2005, Mark DeBofsky
spoke at the Patient Advocate Foundation National Legal
Symposium in Chicago, Illinois.
On April
9, 2005, David A. Bryant spoke at an ITLA seminar in Chicago, Illinois, about Medicare
Liens, Medicare Set Asides, Supplemental Needs Trusts &
ERISA Liens.
The following article by Mark
DeBofsky appeared in the Chicago Daily Law
Bulletin's
Workplace Issues section on March 22, 2005:
Social Security
findings should play key role.
Click on the link to read the
article.
posted 3/23/2005
Meeks v.
Barnhart,
No. 2:03-cv-067 (N.D. IN March 7, 2005). The court found
that the ALJ had inappropriately relied on an outdated
activity report and two evaluating physician's reports
and had ignored evidence from treating physicians in
making his credibility determination, which is contrary
to SSR 96-7p and Seventh Circuit case law such as
Carradine v. Barnhart, 360 F.3d 751 (7th Cir.
2004). The Court determined that the ALJ's
credibility finding was erroneous and required reversal.
Mr. Meeks was represented by Frederick
J. Daley with assistance from attorney
Heather Aloe.
The following article by Mark
DeBofsky appeared in the Chicago Daily Law
Bulletin's
Workplace Issues section on March 8, 2005:
ERISA ruling
sounds warning on nasty tactics .
Click on the link to read the
article.
posted 3/14/2005
Mark DeBofsky spoke in a program
entitled "ERISA made easy" at the ISBA continuing
legal education program "What's New in Labor and
Employment Law." Mark's speech at the conference
took place on Friday,
March 11, 2005, in Bloomington, Illinois.
On March 10, 2005, Mark
DeBofsky spoke at a Morgan Stanley seminar in
Schaumburg.
The following article by Mark
DeBofsky appeared in the Chicago Daily Law
Bulletin's
Workplace Issues section on February 23, 2005:
Chronic pain and
disability claims.
Click on the link to read the
article.
posted 3/4/2005
Boles v. Barnhart,
No. 3:03-cv-097 (S.D. IN February 23, 2005). The court
concluded that the ALJ inappropriately relied upon the
previous ALJ's decision as well as testimony by a
previous VE, which required remand. Ms. Boles was represented by Frederick
J. Daley with help
from attorney David A. Bryant and
assistance from law student
Valerie Garcia.
posted 2/24/2005
Schmidt v. Barnhart,
No. 04-cv-4044 (N.D. IL February 4, 2005). 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. Schmidt was represented by Frederick J. Daley with help
from attorney David A. Bryant and
Barbara Borowski, a law clerk.
The following article by Mark
DeBofsky appeared in the Chicago Daily Law
Bulletin's
Workplace Issues section on February 9, 2005:
Ruling
warns against failure to communicate.
Click on the link to read the
article.
posted 2/11/2005
Kottka v. Barnhart,
No. 2:04-cv-0030 (N.D. IN January 19, 2005). The court
remanded this case because the ALJ's Step Two finding
was not supported by substantial evidence, and stated that he should have
proceeded to Step Four and Five. Mr. Kottka was
successfully represented by Fred Daley, who was assisted by Suzanne
Blaz, a law student.
posted 1/31/2005
Hoffman v. Barnhart,
No. 02-C-8187 (N.D. IL January 12, 2005). Daley, DeBofsky & Bryant
won this case by receiving a remand from
District Court Judge Pallmeyer. Ms. Hoffman was
successfully represented by Fred Daley, who was assisted by Heather
Aloe.
Mullally v. Continental Casualty
Co.
No. 04-C-412 (N.D. IL January 10, 2005). In this case, Judge
Hibbler granted Ms. Mullally's motion for summary
judgment ordering that benefits be paid to a claimant
suffering from a left flank chronic pain disorder
following an unjustified benefit denial by Continental.
Ms. Mullally was successfully represented by Jim R.
Comerford, who was assisted by Mark D. DeBofsky.
posted 1/19/2005
Jones v. Barnhart,
No. 04-C-3532 (N.D. IL January 7, 2005). Daley, DeBofsky & Bryant
won this case by receiving a remand from
Magistrate Judge Denlow due to the ALJ's flawed Step
Five finding. Specifically, the VE’s testimony
did not demonstrate that he understood the requirements of the jobs, or that Mr.
Jones could perform those jobs with his limitations.
Mr. Jones was
successfully represented by Fred Daley, who was assisted by
Suzanne Blaz and
David A. Bryant.
Ciba v. Barnhart,
No. 2:02-C-517 (N.D. IN January 7, 2005). Daley, DeBofsky & Bryant
won this case by receiving a remand from
Judge Andrew Rodovich because the ALJ's evaluation of
the evidence was deficient due to the fact that he did not look at the evidence
as a whole, his credibility finding was "critically" flawed, and there were
repeated fundamental misunderstandings of opinions and testimony. Mr. Ciba was
successfully represented by Fred Daley, who was assisted by law student
Valerie Garcia.
Davies v. Barnhart,
No. 03-C-7734 (N.D. IL January 3, 2005). Daley, DeBofsky & Bryant
won this chronic fatigue syndrome case by receiving a remand from
Magistrate Judge Levin due to the ALJ's flawed
credibility, MRFC, and RFC findings. Specifically,
the Court found that it is a bad idea for the ALJ to use a “yawn-o-meter,” which
is the fraternal twin of the “sit and squirm” test, faulted the ALJ for a
credibility determination which misstated evidence and testimony, and reminds
the ALJ to recontact doctors when no treating doctor has submitted an RFC. Mr. Davies was
successfully represented by Fred Daley, who was assisted by
Dorie Budlow.
posted 1/7/2005
Parris v. Barnhart,
No. 03-C-251 (N.D. IL December 28, 2004). The court
remanded this case because the ALJ made an erroneous
Step Two finding by failing to discuss substantial
evidence supporting Ms. Parris's claim, ignoring evidence from Ms. Parris's
treating doctors, by playing amateur doctor, and by
making a credibility finding that was not supported by
substantial evidence. The Court also held that the
ALJ's alternative Step Four finding, which found that
Claimant could perform her past work as a health club
receptionist, was not supported by substantial evidence
because the ALJ did not make an explicit RFC finding. Ms. Parris was
successfully represented by Fred Daley, who was assisted by
Dorie Budlow.
The following article by Mark
DeBofsky appeared in the Chicago Daily Law
Bulletin's
Workplace Issues section on January 3, 2005:
Judge
takes aim at disability insurers, ERISA.
Click on the link to read the
article.
posted 1/3/2005
Articles by Mark
DeBofsky have recently appeared in the Chicago Daily Law Bulletin's
Workplace Issues section:
December 1, 2004,
Fifth Circuit stands alone on
degree of disability; and December 20, 2004:
4th
Circuit joins chorus in questioning tactics.
Please click on the names to
read the articles.
Page v.
Barnhart,
No. 03-C-50484 (N.D. IL December 7, 2004). The court
remanded this case because the ALJ's RFC and Step Four
findings were erroneous and not supported by substantial
evidence. Ms. Page was
successfully represented by Fred Daley.
posted 12/27/2004
Long v. Barnhart,
No. 04-C-2012 (N.D. IL December 6, 2004). The court
remanded this case because the ALJ ignored medical
evidence and testimony that showed that Mr. Long had significant difficulties in
sitting and standing, and because the ALJ wrongly determined his RFC.
Specifically, the court found that the ALJ did not appropriately evaluate the
frequency at which Mr. Long could sit and stand, and the ALJ's RFC finding was not supported by the evidence of
record; thus, the court found the ALJ to have played amateur doctor instead of relying on the medical evidence
available to him. Mr. Long was
successfully represented by Fred Daley, who was assisted by law student
Suzanne Blaz.
posted 12/17/2004
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Copyright 2005 Daley, DeBofsky & Bryant.
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