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Court Rules: 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

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

DOMA Still Governs at SSA

On February 23, 2010, Attorney General Eric Holder announced that the Justice Department will no longer defend the constitutionality of Section 3 of the Defense of Marriage Act (DOMA), which defines marriage for federal purposes as only between a man and a woman. Read More

Are Changes to DAA Materiality Rules in the Mix?

The Social Security Administration (SSA) has taken an unusual step, asking for comments on the procedures the agency follows when evaluating drug addiction or alcoholism (DAA). Read More

Eight Years, Another Remand

A recent posting on the Western New York Law Center’s website entitled “Federal Court Statistics, or: How Numbers Can Drive You Mad” links to an enormous report on numerous details of the federal judiciary, including age of pending cases. Read More

District Court Applies Ruppert AR

For many Supplemental Security Income (SSI) claimants, the hard part of a case occurs after a finding of disability: the non-disability determination of income, resources, deeming and living arrangements impact how much SSI will be paid. Read More

Pronti Litigation Concludes

The Pronti litigation has recently drawn to a close. Readers of this newsletter will undoubtedly be familiar with this case, which challenged the generalized bias of former Administrative Law Judge Franklin T. Russell. Read More