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Administrative Decisions: Articles

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Communication Rescues Claim

Sometimes the long wait for a hearing can be put to good use. Jessica Woodhouse of the Bath office of LawNY used the eight months between meeting her client and his hearing to coach him on how to better communicate with his medical sources, resulting in a fully favorable decision. Read More

Appeals Council Reverses Based on New Evidence

Attorney Sarah Frederick of Buffalo and former DAP attorney Cate Lynch have joined the one percent. They actually persuaded the Appeals Council to reverse an ALJ decision, which happens in only one percent of claims reviewed by the Appeals Council. Read More

How Many SSM Jobs Are Part-time?

Attorney Ellen Heidrick of the Bath office of LawNY scored a major victory in her cross-examination of a vocational witness at a recent hearing. The vocational witness testified there are 153,000 surveillance system monitor jobs nationally. Read More

New Rules Generate New AC Notices

As reported in the January 2017 edition of this newsletter, SSA’s “program uniformity” regulations mandate, among other things, submission of evidence five days prior to an Administrative Law Judge (ALJ) hearing. Read More

Advocate Focuses on Human Factors to Win Claim

Jessica Woodhouse, an attorney with the Bath office of LawNY, not only won her first appeal, but won it with an “on the record” (OTR) decision. Read More

SNT Found To Be Exempt

Michelle Spadafore of NYLAG worked her magic in another non-disability claim involving a 59 year old man with an intellectual disability who faced a termination of his SSI benefits and a substantial overpayment when SSI discovered a Special Needs Trust (SNT) in his name. Read More

Claimant Prevails in CDR Appeal

Advocates may be seeing in uptick in the number of claimants facing Continuing Disability Reviews (CDRs). Despite decreased funding for other essential work, Congress has continued to fund “program integrity,” which includes CDRs. Read More

What Does It Take To Get A Decision?

Advocates and claimant know well the frustration of waiting years for hearings to be scheduled and decisions issued in disability claims. Advocates representing claimants in non-disability claims face similar frustrations – usually waiting to get a decision at all. Read More

When Is A Couple Not A Couple?

Many individuals living together as couples are improperly categorized as “holding out as married” by SSI under 20 C.F.R. § 416.1806. As a result, some claimants are considered ineligible for benefits if the couple’s combined income exceeds the statutory limit. Read More

Earlier Application Date Results in Large Retro

Michael Telfer of the Legal Aid Society of Northeastern New York got a great result in a recent Administrative Law Judge (ALJ) hearing. The client was in congregate care for 17 months during the retroactive SSI period so retroactive benefits rewarded to the client added up to $40,313 and interim assistance recovery for Albany County of $23,328. Read More