DeBofsky Law warns workers to learn ERISA before a benefits denial

By AI, Created 4:58 PM UTC, May 18, 2026, /AGP/ – DeBofsky Law is urging workers, employers and benefits professionals to understand ERISA before a claim gets denied, saying the law’s deadlines, appeal rules and court limits can decide an outcome. The warning comes as most Americans covered by private-sector benefits remain unfamiliar with the federal framework that governs those claims.

Why it matters: - ERISA can determine whether workers keep or lose access to disability, life, health and retirement benefits. - The law affects more than 130 million Americans covered by private-sector employee benefits. - A missed deadline or incomplete appeal can make a denied claim much harder to challenge later.

What happened: - DeBofsky Law said workers, employers and benefits professionals should treat ERISA literacy as a workplace priority before a claim denial happens. - The Chicago-based national law firm focuses exclusively on ERISA, disability and life and AD&D insurance benefits litigation. - Mark DeBofsky, the firm’s founding attorney, said most people do not think about ERISA until a denial forces them into a federal legal process. - The firm issued the warning on May 14, 2026.

The details: - ERISA, the Employee Retirement Income Security Act, has governed private-sector employee benefits since 1974. - Under ERISA, a denied claimant has 180 days to file an administrative appeal with the insurer. - The administrative appeal must be exhausted before a case can move to federal court. - Federal court review does not include a jury trial. - A judge reviews the insurer’s decision under a deferential standard. - An insurer can still prevail if its decision was not unreasonable, even when the decision was wrong. - The evidentiary record is largely closed after the appeal. - Medical records, vocational assessments and other supporting evidence not submitted during the appeal typically cannot be added in court. - DeBofsky said the appeal functions as a legal proceeding even when insurance adjusters are handling it. - DeBofsky said omitted evidence often cannot be added later. - DeBofsky also warned that attorneys with backgrounds in Social Security disability or general personal injury cases may lack the specific procedural experience ERISA cases require.

Between the lines: - The message is less about one denial and more about how quickly ERISA can shift power toward insurers once a claim enters the appeal process. - The firm is also signaling that workers may need specialized legal help earlier than they expect, because the appeal stage can lock in the record that decides the case. - DeBofsky called ERISA one of the most important federal laws that most people barely know, underscoring a broad information gap around employee benefits rights.

What’s next: - Workers facing benefit denials are likely to be pressed to gather evidence and file appeals fast, well before any court case begins. - DeBofsky Law will continue representing individuals whose disability, life or ERISA-governed insurance benefits have been denied. - Mark DeBofsky has argued precedent-setting federal appellate cases, authored employee-benefits treatises and trained other attorneys on ERISA litigation. - The firm says it has a 100% five-star rating across 136 client testimonials and serves clients nationwide.