Lawyer Profile
Mala is a partner at Rosenfeld & Rafik, 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. 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. She also has represented several nonprofit organizations whose mission is to foster or provide excellent health care for people in Massachusetts.
Mala is a past Chair of the Insurance Law Section of the American Association for Justice, a Vice-Chair of the Health and Disability Law Committee and a Vice-Chair of the Life Insurance General Committee within the Tort Trial & Insurance Practice Section of the American Bar Association, a Sub-Committee Co-Chair of the Employee Benefits Committee of the American Bar Association Labor and Employment Section, a co-chair of the Federal Bar Association’s Massachusetts Chapter of Employment Law, Social Security & Disability Law Committee, a member of the Massachusetts Academy of Trial Lawyers Board of Governors, a Fellow of the American Bar Association, a member of the Juvenile and Child Welfare Section Council of the Massachusetts Bar Association, a former member of the Boston Bar Association Council, a former Chair of the Legal Referral Services section of the Boston Bar Association and a former Chair of the Civil Rights and Civil Liberties Section of the Boston Bar Association. She is also the Chair of the Board of Directors of Health Law Advocates, a member of the Board of Directors of Prisoner’s Legal Services and a member of the Board of the Massachusetts Legal Assistance Corporation.
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 and a 2015 Circle of Excellence honoree by Massachusetts Lawyers Weekly. From 2013 to 2017, Mala has been named one of the top 50 women lawyers in Massachusetts by Super Lawyers. From 2014 to 2017, Mala was named one of the top 50 women lawyers in New England and one of the top 100 lawyers in Massachusetts by Super Lawyers. In 2015, Mala was honored as one of the top 100 lawyers in New England by Super Lawyers.
Mala taught Disability Law at New England Law and is a graduate of Colby College and Northeastern University School of Law.
Current Employment Position
- Managing Partner, Rosenfeld & Rafik, P.C.
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
- Host v. First Unum Life Insurance Company, 2016 WL3814807 (D. Mass. July 13, 2016)
Hatfield v. Blue Cross and Blue Shield of Massachusetts, Inc., 162 F.Supp.3d 24 (D. Mass. Feb. 10, 2016) - Young v. Aetna Life Ins. Co., — F.Supp.3d —-2015 WL 7194812 (D.Mass. Nov. 16, 2015)
- Cowern v. Prudential Insurance Company of America, 130 F.Supp.3d 443 (D. Mass. Sept. 14, 2015)
McDonough v. Aetna Life Ins. Co., 783 F.3d 374, 382 (1st Cir. 2015)
Al-Abbas v. Metropolitan Life Ins. Co., 52 F.Supp.3d 288 (D.Mass. Sept. 30, 2014)
Al-Abbas v. Metropolitan Life Ins. Co., 2013 WL 5947996 (D.Mass. Nov. 4, 2013)
Doe v. Unum Life Ins. Co. of Am., 35 F.Supp.3d 182 (D.Mass. Aug. 8, 2014)
Cannon v. Aetna Life Ins. Co., 2013 WL 5276555 (D.Mass. Sept. 17, 2013)
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)
Quinlisk v. Unum Life Ins. Co., 2009 WL 6506884 (D.Mass. Sept. 29, 2009)
Weed v. Prudential Ins. Co. of Am., 2009 WL 2835207 (D.Mass. Aug. 28, 2009)
Sansby v. Prudential Ins. Co. of Am., 2009 WL 799468 (D.Mass., Mar 25, 2009)
Glista v. Unum Life Ins. Co. of Am., 378 F.3d at 126 (1st Cir. 2004)
Ritter v. Massachusetts Casualty Ins. Co., 439 Mass. 214 (Mass. 2003)
Sanderson v. Continental Casualty Co., 2005 WL 2340741 (D.Del. 2005)
Sanderson v. Continental Casualty Co., 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/Articles
- Office Management and Cost Saving Strategies for Running a Disability Law Firm, American Association for Justice Annual Convention, 2017 (upcoming)
- Recent ERISA Decisions and How to Use Them in Your Practice, American Association for Justice Annual Convention, 2017 (upcoming)
- The Revised Disability Claims Regulations: Where Are the Minefields? American Bar Association Webinar, 2017
- Short- and Long-Term Disability Benefits and The Interplay with Social Security Disability Claims, Massachusetts Academy of Trial Lawyers Annual Convention, 2017
- Short-Term-Disability Benefits, Long-Term-Disability Benefits and Coordination with Other Benefits and Settlements Under the Employee Retirement Security Act of 1974, Massachusetts Employment Lawyers Association, 2017
- New Disability Regulations, 2017 Midwinter Meeting of the Employee Benefits Committee, American Bar Association, 2017
- Make Insurance Great Again: Claims Trends and Evolving Issues Involving Contestable Claims, 43rd Annual TIPS Mid-Winter Symposium on Insurance and Employee Benefits (American Bar Association), 2017
- Privacy, Pets, And Possibilities – Making Integrated Care Work – For Attorneys and Advocates, Mental Health Legal Advisors Committee Annual Conference, 2016
- Introduction to ERISA: An Overview, ABA Joint Committee on Employee Benefits, 2016
- Mental Health Parity, Massachusetts Bar Association Annual Health Law Symposium, 2016
- Solo & Small Firm Strategies for Success, Boston Bar Association, 2016
- External Review Pros and Cons: Perspectives of the Plan and Claimant, American Bar Association Section of Labor and Employment Law’s Employee Benefits Committee Midwinter Meeting, 2016
- Access to Care: The Patient Legal Advocate’s Perspective, The National Association for Proton Therapy, National Proton Conference, 2016 (invited)
- Death of a Salesman? The Regulatory and Litigation Risk Facing Life Insurance Companies, 42nd Annual TIPS Mid-Winter Symposium on Insurance and Employee Benefits (American Bar Association), 2016
- Introduction to ERISA: An Overview, American Bar Association, Joint Committee on Employee Benefits, 2015
- Making Sure Your Insurance Coverage Case has Legs, American Association for Justice Annual Convention, 2015
- Handling Long-Term Disability Claims, Workers Compensation Alphabet Soup, Massachusetts Bar Association, 2015
- The Value of Peer Review Medical Reports For Evaluating Subjective Symptoms Claims, 41st Annual TIPS Mid-Winter Symposium on Insurance and Employee Benefits (American Bar Association), 2015
- Benefit and Fiduciary Claims, The Impact of Procedural Issues on Drafting Litigation and Plan Documents, American Bar Association, EBC Midwinter Meeting, (2015)
- 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
- SSDI/Disability, Massachusetts Academy of Trial Lawyers Annual Convention, Massachusetts Academy of Trial Lawyers, 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, 40th Annual TIPS Mid-Winter Symposium on Insurance and Employee Benefits (American Bar Association), 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 for Fibromyalgia, Chronic Fatigue Syndrome, Chronic Pain, Chronic Lyme Disease and Mental Illness, American Conference Institute, 2013
- Testimony, Hearing on Managing Disability Risks 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, 38th Annual TIPS Mid-Winter Symposium on Insurance and Employee Benefits (American Bar Association), 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 Firm 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, 37th Annual TIPS Mid-Winter Symposium on Insurance and Employee Benefits (American Bar Association), 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, 36th Annual TIPS Mid-Winter Symposium on Insurance and Employee Benefits (American Bar Association), 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
- Mediating 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, November 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 at the 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
- Employee Benefits Law, Bloomberg BNA, Third Edition, Contributing Author, 2015
- Checklist for Negotiating With an Insurer for Medical Coverage, Elder Law Answers, 2013
- 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 Civil Liberties Union of Massachusetts, Board of Directors, 2000-2011
- American Association for Justice, Health Care and Disability Litigation Group, Past President, Insurance Law Section, Member Insurance Law Section
- American Association for Justice, Health Care and Disability Litigation Group Member
- American Bar Association, Trial and Insurance Practice Committee
Past Chair, Health and Disability Committee 2011-2012
Vice-Chair, Health and Disability Committee 2008-
Diversity Chair, Health and Disability Committee 2013-
Vice-Chair, Life Insurance Committee 2015- - American Bar Association, Employee Benefits Committee of the American Bar Association Labor and Employment Section
Subcommittee Co-Chair, 2014- - American Bar Association, The Fellows of the American Bar Foundation, State Fellow, 2016 –
- American Bar Association
Member - Boston Bar Association,
- Council Member, 2008-2011
- Co-Chair, Civil Rights and Civil Liberties Section, 2006-2008
- Mentor, 2010-2015
- Chair, Legal Referral Services Committee 2013 –2015
- Member, Legal Referral Services Committee 2011-
- Committee Member, Women’s Leadership & Advancement Initiative Member, 2017
- Boston Bar Association
Member - Federal Bar Association
Chair, Massachusetts Chapter of the Employment Law, Social Security & Disability Law Committee, 2014 – - Federal Bar Association
Member - Health Law Advocates
Chair, Board of Directors, 2012 –
Member, 2009- - Massachusetts Legal Assistance Corporation
Board of Directors, 2015 – - Massachusetts Advocates for Children, Board of Directors, 2004 – 2012
- Massachusetts Bar Association
Member, General Practice, Solo, and Small Firm Section Council, 2011-2012, Member, Juvenile & CHild Welfare Section Council, 2016-2017, Member, Health Law Section, 2017 – - Massachusetts Bar Association, Member
- Massachusetts Employment Lawyers Association, ERISA Subcommittee
- Massachusetts Employment Lawyers Association , Member
- Massachusetts Academy of Trial Lawyers
Board of Governors, 2016 – - Massachusetts Academy of Trial Lawyers
Member - Patient Advocate Foundation
- Prisoner’s Legal Services, Board of Directors, 2006 –