Plaintiff loses de novo review, couldn’t prove disability argument

Workplace Issues

By Mark D. DeBofsky

Mark D. DeBofsky is a name partner of DeBofsky Sherman Casciari Reynolds P.C. — on the web at debofsky.com. He handles civil and appellate litigation involving employee benefits, disability insurance and other insurance claims and coverage issues. He can be reached at mdebofsky@debofsky.com.

Posted March 5, 2020 8:13 AM

Updated March 9, 2020 9:11 AM

A recent decision issued by the 7th U.S. Circuit Court of Appeals offers valuable insight into the meaning of the de novo standard of judicial review in claims brought under the Employee Retirement Income Security Act.The opinion in Dorris v. Unum Life Insurance Company of America, 2020 WL 524726 (7th Cir., Feb. 3, 2020), begins by explaining: “At least in this circuit, ERISA de novo review requires no review at all, but an independent decision. In such a case, the plaintiff bears the burden of proving not that the …

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