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Mala M. Rafik

Boston, Massachusetts
Tel: 617-723-7470
Fax: 617-227-2843
Email: Email Me

Mala is a partner at Rosenfeld Rafik & Sullivan, P.C., a law firm in New England representing clients denied access to health care as well as individuals seeking short-and long-term disability, life and long-term care benefits from private insurance carriers. The firm also concentrates on obtaining Social Security disability insurance benefits for its clients. Mala's clients are typically individuals with debilitating chronic illnesses and disabilities for whom she has achieved several pivotal litigation victories in state and federal court.

Mala is the immediate past Chair of the Insurance Law Section of the American Association for Justice, a Vice-Chair of the Health and Disability Law General Committee within the Tort Trial & Insurance Practice Section of the American Bar Association, a former member of the Boston Bar Association Council, the Chair of the Legal Referral Services section of the Boston Bar Association and a current member of the Mentoring Committee of the Boston Bar Association. She is also the Chair of the Board of Directors of Health Law Advocates, and a member of the Board of Directors of Prisoner's Legal Services. Mala has been both a Massachusetts Rising Star and Super Lawyer in Boston Magazine since 2007, and was named a 2006 Up & Coming Lawyer and 2012 Top Women of Law honoree by Massachusetts Lawyers Weekly. In 2013, Mala was named one of the top fifty women lawyers in Massachusetts by Super Lawyers.

Mala teaches Disability Law at New England Law and is a graduate of Colby College and Northeastern University School of Law.

Areas of Practice:
Long & Short-Term Disability Benefits/Disability Insurance
ERISA/Employee Benefits Law
Health Care Access/Health Insurance
Life & Long-Term Care Insurance
Social Security Disability Income Benefits


Bar Admissions:
Massachusetts, 1997
U.S. District Court District of Massachusetts
U.S. Court of Appeals 1st Circuit

Education:
Northeastern University School of Law, Boston, Massachusetts Colby College Honors: cum laude

Representative Cases:
Colby v. Assurant Employee Benefits, 705 F.3d 58 (1st Cir. 2013)
Colby v. Assurant Employee Benefits, 818 F.Supp.2d 365(D. Mass. 2011)
Colby v. Assurant Employee Benefits, 635 F.Supp.2d 88 (D. Mass. 2009)
Colby v. Assurant Employee Benefits, 603 F.Supp.2d 223 (D.Mass. 2009)
Weed v. Prudential Ins. Co. of Am., 2009 WL 2835207 (D.Mass. Aug. 28, 2009)
Sansby v. Prudential Ins. Co. of America, 2009 WL 799468 (D.Mass., Mar 25, 2009)
Glista v. Unum Life Insurance Co. of America, 378 F.3d at 126 (1st Cir. 2004)
Ritter v. Massachusetts Casualty Insurance Company, 439 Mass. 214 (Mass. 2003)
Sanderson v. Continental Casualty Company, 2005 WL 2340741 (D.Del. 2005)
Sanderson v. Continental Casualty Company, 279 F.Supp.2d 466 (D.Del. 2003)
Skipper v. Claims Services International, 213 F.Supp.2d 4 (D.Mass. 2002)
Antonio ex. rel. Mother v. Boston Public Schools, 314 F.Supp.2d 95 (D.Mass. 2004)
Doe v. Raytheon Company, 2002 WL 168279 (D.Mass. 2002)

Classes/Seminars/Testimony:

Proving Fibromyalgia Claims, American Association for Justice Annual Convention, 2014

Benefits Administration, Long-Term Disability Benefits Advanced Seminar, American Bar Association, 2014

Litigation of Long Term Disability Claims, Long-Term Disability Benefits Advanced Seminar, American Bar Association, 2014

Strategies for Winning at the Claims Level, 2014

American Association for Justice Winter Convention, 2014

How to Handle a Health Care Case Under the Affordable Care Act, American Bar Association, Tort, Trial and Insurance Practice Section Mid-Winter Meeting, 2014

Working with Insurance Companies to Obtain Disability Coverage for Individuals Suffering from Lyme Disease, The International Lyme and Associates Diseases Annual Conference, 2013

Malpractice Tips for Lawyers Considering Long Term Disability Claims, American Association for Justice Annual Convention, July 2013

Risk of Relapse as a Disability and the Mental Health Parity Implications, Massachusetts Bar Association, Health Law Section, Legal Chat, 2013

Litigation of Long Term Disability Claims, Long-Term Disability Benefits Advanced Seminar, American Bar Association, 2013

Applications for Disability Benefits, Long-Term Disability Benefits Advanced Seminar, American Bar Association, 2013

Subjective Disorders: Objective Proof of Fibromyalgia, Chronic Fatigue Syndrome, Chronic Pain, Chronic Lyme Disease and Mental Illness, American Conference Institute, 2013

Testimony, Hearing on Managing Disability Risk in an Environment of Individual Responsibility, ERISA Advisory Council, United States Department of Labor, 2012

Working with Insurance Companies to Obtain Disability Coverage for Individuals Suffering from Lyme Disease, The International Lyme and Associates Diseases Annual Conference, 2012

The Psychology of Mediating Insurance Disputes and Bad Faith Cases, American Association for Justice Annual Convention, July 2012

Is Every Case "The Rainmaker?" Practical Approaches to Conflict Discovery in ERISA Cases: A View from Both Sides of the Aisle, American Bar Association, Tort, Trial and Insurance Practice Section Mid-Winter Meeting, 2012

Careers in Health Law, Health Systems in Reform, Health Law Conference, Northeastern School of Law, 2012

Finding a Way: Public Interest Lawyering in a Solo or Small Practice, Northeastern School of Law, 2012

Innovative Pre-Trial Strategies for Disability Insurance Claims: Settlement Mediation, Attorney's Fees and More, 14th National Advanced Forum on Litigating Disability Insurance Claims, American Conference Institute, 2012

The Psychology of Mediation, DRI Life, Health, Disability and ERISA Conference, 2011

Cigna Corp. v. Amara - The Supreme Court Greenlights an Opportunity To Obtain Make Whole Relief Previously Barred Under ERISA, Teleseminar, American Association for Justice, 2011

Managing Your Firm to Handle Both SSDI and ERISA Claims, American Association for Justice, 2011

A Baker's Dozen: Claims Review Steps from Start to Finish, National Institute on ERISA Basics, American Bar Association, 2011

Benefits Claims: Litigation, National Institute on ERISA Basics, American Bar Association, 2011

Legal Disabilities and the Risk of Relapse: Covered Disabilities under Disability Insurance Plans, American Bar Association, Mid-Winter Meeting, 2011

Practical Tips for Handling Health Care Insurance Claims, American Association for Justice, 2010

Discovery in ERISA Cases Post MetLife v. Glenn: Is It Really Wide-Open?, American Conference Institute, 2010

Supreme Court Update on ERISA Issues, Joint Committee on Employee Benefits, American Bar Association, 2010

Benefit Claims: Litigation, National Institute on ERISA Basics, American Bar Association, 2010

Subrogation and Reimbursement, National Institute on ERISA Basics, American Bar Association, 2010

Current Challenges In Disability Discrimination Cases And The Interrelationship Between Disability Benefits And Discrimination Claims, Boston Bar Association, Employment Law Section, 2010

Top 10 Current Issues in ERISA Litigation of Life, Health and Disability Insurance Claims, American Bar Association, Mid-Winter Meeting, 2010

Disability Claims in a Down Economy, ALI-ABA Live Video Webcast, 2009

What Employment Lawyers Need To Know About ERISA, Massachusetts Bar Association, 2009

Glenn v. Metropolitan Life Insurance Company, Circuit Round-up, American Association for Justice, 2009

Mediation and Settling and Mediating Disability Claims: Achieving an Appropriate and Cost-Effective Resolution for Your Client, American Conference Institute, 2009

ERISA Litigation, Massachusetts Continuing Legal Education, 2008

Disability Insurance Litigation, American Conference Institute, 2008

Alternative Dispute Resolution, DRI Life, Health, Disability and ERISA Conference, 2007

What's on the Disability Insurance Radar?, American Conference Institute, 2007

ERISA Updates – The Year in Review, American Association for Justice, 2007

CLE: Beacon for New Lawyers, Boston Bar Association, June 23, 2006

Elder Law Answers, Tips on Negotiating with an Insurer for Medical Coverage, Boston Bar Association, 2006

Elder and Disability Law Conference, Massachusetts Continuing Legal Education, 2005

What Employment Lawyers Need To Know About ERISA, Boston Bar Association, September 1, 2005

ERISA Long Term Disability Claims, Brown Bag Lunch, Boston Bar Association, 2005

Winning Strategies for Litigating ERISA Cases, American Conference Institute, 2005

ERISA Primer, Health Law Advocates, 2005

Long Term Disability Seminar, Massachusetts Employment Lawyers Association, 2004

Practical Strategies for Managing and Litigating ERISA Cases, American Conference Institute, 2004

Strategies for Winning Claims Level and for Developing the Possible Record, American Trial Lawyers Association, 2004

Litigating ERISA Disability Cases: Practical Considerations, American Board of Vocational Examiners, 2003

Traps for the Unwary Plaintiff's Lawyer, American Conference Institute, 2003

ERISA Health Insurance Claims, Health Law Advocates, 2003

The ERISA Internal Appeals Process, Boston Bar Association, 2002

Illusive Civil Rights Protection in Employment: Title I of the Americans with Disabilities Act, MRA Annual Conference & Business Meeting, November 17, 2000

Understanding Legal Issues Impacting Caregiving, ALS Association of Massachusetts, November 2, 2000

Practical Considerations for Obtaining Long-Term Disability for People with RSI, Repetitive Strain Injury Action

 

Articles/Papers:
New Day Dawning in American Health Care, ABA TortSource, Summer 2010, Volume 12, Issue 4

Objective Evidence In Disability Claims, The Practical Litigator, ALI-ABA, 2009

Professional Associations and Memberships:
American Association for Justice, Health Care and Disability Litigation Group, Insurance Law Section
Immediate Past President

American Association for Justice, Health Care and Disability Litigation Group
Member

American Bar Association, Trial and Insurance Practice Committee
Immediate Past Chair, Health and Disability Committee 2011-2012

Vice-Chair, Health and Disability Committee 2008-

American Bar Association
Member

Boston Bar Association, Civil Rights and Civil Liberties Section, 
Council Member - 2008 - 2011

Co-Chair, Civil Rights and Civil Liberties Section, 2006 - 2008

Mentor, 2011 - 2013

Chair, Legal Referral Services Committee 2013 - 

Member, Legal Referral Services Committee 2011 - 2012

Boston Bar Association , Member

Massachusetts Bar Association
Member, General Practice, Solo and Small Firm Section Council., 2011 - 2012

Massachusetts Bar Association, Member

Massachusetts Employment Lawyers Association, Member

American Civil Liberties Union of Massachusetts
Board of Directors

Health Law Advocates
Board of Directors

Massachusetts Advocates for Children
Board of Directors

Massachusetts Correctional Legal Services
Board of Directors

 

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Office Location

Rosenfeld Rafik & Sullivan, P.C.

184 High Street
Suite 503
Boston, MA 02110

Phone: 617-723-7470
Fax: 617-227-2843