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Miscellaneous Litigation & Legal Updates: Articles

WDNY Issues New Standing Order

Chief Judge William Skretny of the Western District of New York has issued a new Standing Order for Social Security appeals filed in the Western District. The September 5, 2013 Order supersedes the December 28, 1992 Standing Order that required the parties to file dispositive motions simultaneously. Read More

Are More SSI Recipients Entitled to CDB Benefits?

A recent study by SSA’s Office of the Inspector General (OIG) finds that a number of SSI recipients who were potentially eligible for Title II benefits as disabled child beneficiaries were not receiving those benefits. OIG estimates that there are approximately 2,160 such potential beneficiaries, due underpayments totaling approximately $9.6 million. Read More

More Informal Remands in the Offing

As part of yet another initiative to reduce the hearing backlog, SSA announced in March that it would begin selecting cases for the “Electronic Federal Informal Remand Special Project.” Per EM (Emergency Message) 12006 REV 2, certified electronic disability claims that have not yet been scheduled for hearings but are likely candidates for reversal will be identified based on profile screening lists provided by the Office of Quality Performance. Read More

I've Been Workin' On the Railroad

The Railroad Retirement Act is a federal law that provides retirement and disability annuities for qualified railroad employees, spouse annuities for their wives or husbands, and survivor benefits for the families of deceased employees who were insured under the Act. These benefit programs are administered by the U.S. Railroad Retirement Board (RRB). Read More

Clark Instructions Issued

SSA has issued an Emergency Message (EM) on May 9, 2011, implementing Clark v. Astrue, the class action challenging the suspension or denial of benefits based solely on a probation or parole arrest warrant. Read More

Law Review Article Explores Step Five

Professor Jon Dubin of Rutgers School of Law has recently published an article in the Administrative Law Review entitled “Overcoming Gridlock: Campbell After a Quarter-Century and Bureaucratically Rational Gap-Filling in Mass Justice Adjudication in the Social Security Administration’s Disability Programs,” 62 Adm. L. R. 937 (2010). Read More