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.
District Court Defines ALJ's Role
In remanding a claim solely for the calculation of benefits, U.S. District Judge Michael A. Telesca of the Western District of New York admonished the ALJ for taking an adversarial role in the proceedings. Read More
Case Remanded for Consideration of Listing 12.05C
Jeffrey Nieznanski of the Bath office of LAW-NY recently won a remand from U.S. District Court Judge Richard Arcara. His appeal involved the claim of a 48 year old woman who had been diagnosed as mentally retarded in the course of an examination for bariatric surgery. Read More
Court of Appeals Defines Representative's Role
In a recent EAJA (Equal Access to Justice Act) decision, the Court of Appeals for the Second Circuit admonished a federal magistrate for blaming the claimant’s representative for gaps in the record. Read More
More Articles >>
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
Disability Law News - June 2011 Issue
The Disability Law News is a quarterly newsletter published for DAP advocates. Featured in this issue is an article on "SSA Faces Budget Woes". Also in this issue you will find articles on Regulations, Court Decisions, Administrative Decisions, and the Bulletin Board along with other articles Read More
