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Court Rules

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

ALJ Failed to Determine Transferability of Skills
According to the Court of Appeals for the Second Circuit, the crucial factors in any disability determination must be set forth with sufficient specificity to enable to court to determine whether the determination is based on substantial evidence. Read More

Federal Courts Implement Changes for Handling Social Security Cases
Remember back to law school days and learning in Civil Procedure class the essential elements for commencing a civil action, including filing and serving a complaint? Now forget most of those rules if you practice Social Security law in federal court. Read More

Another Word to the Wise...
What happens when you forget the little things like letting the Social Security Administration know of your appointment to the case or having the client sign a request? The case of Koegel v. Colvin, 2014 WL 5323951 (N.D.N.Y. October 17, 2014), is another cautionary tale of what happens when procedure is not followed, and the little things are left out. Read More

Second Circuit Rules Amended
The Court of Appeals for the Second Circuit has amended several of its local rules, effective February 1, 2014. Read More


Court Rules: Articles






NEWSLETTERS

Disability Law News - October 2017 Issue
The Disability Law News is a quarterly newsletter published for DAP Advocates. In this issue, we discuss the newly amended NYS Public Health Law Sections 17 & 18, and Mental Hygiene Law Section 33.16 that ensures free access to medical records for government benefits applications. Be sure to check out the newest regulations, administrative decisions and court decisions as well. Read More

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