District Court Says ALJs Are Too Picky in Children's SSI Cases
Judges in the Northern District of New York are getting tough on Administrative Law Judges’ (ALJs) tendency to pick and choose evidence from the record to support their conclusion in children’s SSI cases. In three cases within a two-month period, judges reversed the decisions of ALJs. Read More
Court of Appeals Reaffirms Treating Physician Rule
After a spate of disappointing decisions affirming the Commissioner of Social Security, the Court of Appeals for the Second Circuit has issued a decision firmly rebuking an ALJ’s attempts to play doctor. Read More
Queens ODAR Bias Suit to Be Settled
Against seemingly insurmountable hurdles, the groundbreaking class action litigation alleging systemic bias on the part of five Administrative Law Judges (ALJs) at the Queens Office of Disability and Adjudication and Review (ODAR) is approaching settlement. Read More
Will the Fifth Time Be the Charm?
After four hearings, prompted by three Appeals Council remands, U.S. District Court Judge Andrew L. Carter, Jr., ordered another remand for further proceedings consistent with Magistrate Judge Henry B. Pitman’s report and recommendation in Norman v. Astrue, 2012 WL 4378042 (S.D.N.Y. September 25, 2012). The court denied the Commissioner’s motion for judgment on the pleadings and overruled his numerous objections to Magistrate Judge Pitman’s report. Read More
