Joshua Bachrach: Lawyer with Wilson Elser Moskowitz Edelman & Dicker LLP

Joshua Bachrach


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AV® Preeminent

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Practice Areas

  • Appellate
  • Life, Health, Disability & ERISA
Contact InfoTelephone: 215.606.3906
Fax: 215.627.2665
University Temple University, B.A., 1986
Law SchoolWidener University School of Law, J.D., cum laude, 1993
Admitted1993, Pennsylvania and New Jersey; U.S. District Court, Eastern and Western Districts of Pennsylvania; U.S. District Court, District of Colorado; U.S. District Court, Eastern and Western Districts of Michigan; U.S. District Court, District of Nebraska; U.S. District Court, District of New Jersey; U.S. District Court, Eastern, Northern, Southern and Western Districts of New York; U.S. District Court, District of North Dakota; U.S. Court of Appeals, First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth and Eleventh Circuits; U.S. Supreme Court

Memberships & Affiliations

American Bar Association
Defense Research Institute (DRI)


Joshua Bachrach represents clients in state and federal courts throughout the United States in litigation involving ERISA and non-ERISA disputes over disability, life and health coverage as well as disputes over pension benefits. Josh also represents insurers in coverage and bad faith litigation. He is a frequent speaker at national seminars on ERISA-related subjects and has written numerous articles on ERISA and related topics.

Josh is regarded as a valuable resource based on his knowledge of ERISA, life, health and disability law as well as his appellate work. He is often engaged nationally in litigation matters and he is frequently consulted to evaluate issues prior to the commencement of litigation. Josh has personally handled several hundred ERISA cases nationally.

Awards & Distinctions

Selected for inclusion in Pennsylvania Super Lawyers, 2011
Former editor-in-chief of the ABA-TIPS Law Journal
Former chair of the Health and Disability Law Committee of the ABA TIPS Section


De Facto Plan Administrator Claims in the First Circuit
July 10, 2014

Ninth Circuit Refuses to Recognize ERISA Plan's Right to Recover Overpayment of LTD Benefits
February 26, 2013


Disability Insurance Law Update
May 1, 2014

Reported CasesRepresentative Matters; Bauer v. Reliance Standard Life Ins. Co., 421 Fed. Appx. 226 (3d Cir. 2011). Upholding the plan's interpretation against the claimant's argument that she was owed an additional $1,250,000 in benefits.Samuelson v. Covenant Healthcare Sys., 2011 U.S. Dist. LEXIS 125419 ( E.D. Mich. Oct. 31, 2011). Upholding the long-term disability plan's offset for retirement benefits.Boyle v. Genworth Life & Health Ins. Co., 2011 U.S. Dist. LEXIS 74885 (W.D.N.Y. July 7, 2011). Entering judgment in favor of defendant and concluding that New York insurance law, which limited the preexisting conditions exclusion to the first 12 months of the claim, did not apply since the policy was delivered in another state. Est. of Hinkle v. Assurant Employee Benefits, 390 Fed. Appx. 105 (3d Cir. 2010). Affirming on appeal summary judgment in favor of the client in an accidental death claim in which the insured died due to a surgical mishap.Balmert v. Reliance Standard Life Ins. Co., 601 F.3d 497 (6th Cir. 2010). Rejecting the claimant's procedural arguments based on her failure to request a copy of the administrative record while her appeal was pending and concluding that the defendant did not abuse its discretion based on the diverging medical opinions. Gunn v. Reliance Standard Life Ins. Co., 399 Fed. Appx. 147 (9th Cir. 2010). Obtained reversal of summary judgment for the claimant in an ERISA long-term disability case. The appellate court further entered judgment in favor of the defendant on the benefit claim. Gagliano v. Reliance Standard Life Ins. Co., 547 F.3d 230 (4th Cir. 2008). Obtained reversal of the district court decision to award benefits based on a procedural violation.Mohnkern v. Professional Ins. Co., 542 F.3d 157 (6th Cir. 2008). In a separate lawsuit, a court-appointed receiver obtained an order requiring the insurer to pay the life insurance proceeds to an escrow company. An appellate court later decided that the claimant was entitled to the proceeds and she then filed this lawsuit seeking fees and interest under state law based on the insurer's delay in paying benefits to her. The court rejected the claim, stating that to award fees would penalize the insurer for following a court order. Fujitsu Ten Corp. v. Visteon, 2007 U.S. Dist. LEXIS 86094 (E.D. Mich. Nov. 21, 2007). Coordination of benefits dispute between two health plans over which one was responsible for paying the health claims.

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De Facto Plan Administrator Claims in the First Circuit
Joshua Bachrach, July 17, 2014
According to 29 U.S.C. § 1132(c)(1)(B) of ERISA, it is within a court’s discretion to award a penalty of up to $110 per day based on an administrator’s failure to comply with a plan participant’s or beneficiary’s request for plan documents. Citing to Law v. Ernst &...

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Office Information

Joshua Bachrach

Independence Square West, Suite 1130 East
PhiladelphiaPA 19106-3308


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