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Administrative Decisions

In addition to the actual laws and regulations governing SSA’s disability determination process, the Federal Courts create “rules” through precedential decisions that are published in the federal reporters or in electronic data bases, such as Westlaw or Lexis.

This section of the website provides summaries of some of these decisions, as well as highlights of cases that advocates have won at the administrative level.


ARTICLES

Fully Favorable Decision Granted on Remand
In the December 2011 edition of this newsletter, we reported on the case of Gordon v. Astrue, available as DAP #544. Attorney Jeff Nieznanski won a remand for further consideration of Listing 12.05C based on his client’s I.Q. scores in combination with her other medical impairments. Read More

ALJ Finds TONI "Inflated"
Buffalo Bruce Caulfield of Neighborhood Legal Services has scored a victory for a client with borderline intellectual functioning. The claimant had been tested on two separate occasions with a TONI (Test of non-Verbal Intelligence) IQ test, which is generally considered a screening test. Read More

Abuse of Discretion Leads to Remand
Do you think Administrative Law Judges (ALJs) spend as much time complaining about advocates as we spend complaining about them? For a long time, it seemed that all we could do was complain but never get any relief from ALJs who seemed biased or prejudiced against our clients, or who abused their discretion during the hearing process. Read More


Administrative Decisions: Articles





NEWSLETTERS

Disability Law News - March 2012 Issue
The Disability Law News is a quarterly newsletter published for DAP advocates. This issue will look at the final regulations issued by the Social Security Administration on treating physician and representative conduct. Additional articles discuss regulations on electronic filing requirements and vision listing proposed changes. Also in this issue you will find articles on recent Court Decisions, and Administrative Decisions. Read More

Disability Law News - December 2011
The Disability Law News is a quarterly newsletter published for DAP advocates. Featured in this issue highlights the announcement of a cost-of-living adjustment (COLA) for 2012 for monthly Social Security and Supplemental Security Income (SSI) benefits. Additional articles discuss ALJ bias and defining the rolls of representatives and ALJs. Also in this issue you will find articles on Regulations, Court Decisions, and Administrative Decisions. Read More