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Court Decisions

Decisions from the Court of Appeals and from the U.S. District Courts can often help advocates in future cases even if they are not published or precedential. They may still be citable, or may generate ideas to explore or expand in future appeals. This section includes articles highlighting recent court decisions.

ARTICLES

N.D.N.Y. Remands Two Claims
Mike Telfer, Senior Attorney at the Legal Aid Society of Northern New York in Albany, convinced U.S. District Court Glenn Suddaby to order remand in not just one but two appeals in the past two months. Read More

ALJ Required to Develop Record
The Second Circuit reaffirmed the ALJ’s duty to develop the record, even if the claimant is represented, in Guillen v. Berryhill, 2017 WL 4279335, --- Fed. App’x --- (2d Cir. Sept. 27, 2017). Read More

2d Circuit Remands for Consideration of SGA
When is past work relevant at Step four of SSA’s Sequential Evaluation for determining disability? When it was performed within the past fifteen years, lasted long enough for the claimant to learn how to perform it, and was substantial gainful activity. Read More

N.D.N.Y. Remand for Consideration of Migraines
Attorney Michael Telfer of Legal Aid Society of Northeastern New York, and Anthony Baer formerly of LASNY, enjoyed a recent victory in U.S. District Court. In Dodson v. Berryhill, 2017 WL 2838167 (N.D.N.Y. June 30, 2017), Judge Lawrence Kahn found Administrative Law Judge (ALJ) Arthur Patane ignored substantial evidence in determining the claimant’s migraines to be non-severe and committed legal error in demanding objective evidence for Dodson’s migraines. Read More


Court Decisions: Articles






NEWSLETTERS

Disability Law News - July 2017
The Disability Law News is a quarterly newsletter published for DAP Advocates. In this issue, we summarize a policy change by SSA that exempts tax refund collection for old debts. Several new regulations, administrative decisions and court decisions are also discussed. Read More

Disability Law News - April 2017 Issue
The Disability Law News is a quarterly newsletter published for DAP Advocates. In this issue, new Social Security Rulings have been issued while others rescinded. Several new regulations, administrative decisions and court decisions are also discussed. Read More