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US Senate Examines Disability Insurance And ERISA – Plaintiff’s Bar Applauds

Thursday, September 30th, 2010

After decades of battling against insurance companies that deliberately mangled ERISA to stonewall policyholder’s ability to fight for their benefits, we are of course very gratified to hear the words of Mark D.DeBofsky, attorney and law professor, as he testified that ERISA has been “transformed into a shield that protects insurance companies from having to face the consequences of unprincipled benefit denials and other breaches of fiduciary duty.” However, we disagree with his putting the blame on the Courts for the way this law has been twisted far from its original intent.

Of course the insurance industry defended its position of handling claims, but we’ve been on the front lines for a while and have seen far too many claimant’s lives destroyed by an industry that profits most when it denies claims.

Today’s hearings are just the start of what may be a prolonged and somewhat painful process, as one of the most powerful lobbying forces in the Capital defends itself. We have a stronger argument – let the many Americans who are sick and injured stand before Congress and tell their stories, of lives left in shambles, houses lost, families put at risk, when the breadwinner who counted on the disability insurance lost the fight to get the benefits they paid for.

Unfortunately, the claimants whose stories deserve to be told aren’t backed by deep pockets and professional lobbyists. And we all know how long it takes for Congress to act. So we’ll keep doing what we do best – defending our clients and fighting on their behalf.

Justin C Frankel

Written By:

Justin C. Frankel - Disability Insurance Attorney

Justin Frankel is a founding partner of the disability insurance law firm Frankel & Newfield and is a highly skilled litigator and advocate. He has published numerous articles on the challenges facing clients with private or individual disability insurance policies and those who own group or ERISA disability insurance policies.

Learn more about Justin | See Justin’s Publications



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