Skip to Main Content
Printer Friendly

Disability Law News - December 2010 Issue

 

Articles in this Issue

District Court Reverses in Child's Case
December 17, 2010
While we hope that the federal courts will reverse the Commissioner’s decision and order payment of benefits in every case, this wish is particularly fervent in children’s SSI cases, where long delays in achieving much needed benefits for an eligible youngster is particularly egregious. And once in a while wishing, plus hard work, does make it so. Read More

Kids' SSI in the News
December 17, 2010
The Boston Globe has published a three part series on the children’s SSI program that is highly critical of several aspects of the program. Read More

Retroactive Child and Ongoing Adult Benefits Awarded
December 17, 2010
Legal Service NYC – Bronx (LSNYC-Bronx) won a significant victory for a client who it has represented since he was sixteen years old. After favorable decisions in federal court and on remand, LSNYC-Bronx’s client will receive five years of retroactive child’s benefits and, because he turned eighteen while the appeal was pending, ongoing adult SSI benefits. Read More

Fully Favorable Decision in Identity Theft Case Issued
December 17, 2010
Susan Horwitz, an attorney with the Legal Aid Society in New York City, successfully represented a homeless client through two hearings and the Appeals Council. Read More

Partially Favorable Decision Issued by Appeals Council
December 17, 2010
After shepherding her client’s case through a long and tortuous history, Doris Cortes, a senior paralegal at the Empire Justice Center in Rochester, finally prevailed at the Appeals Council. Read More

Appeals Council Awards SSI to Asylee
December 17, 2010
Anne Callagy, an attorney with the Bronx office of the Legal Aid Society, convinced the Appeals Council to restore benefits to a claimant whose SSI had been terminated due to his immigration status. Read More

EAA Payments Available to SSI Recipients
December 17, 2010
Thanks to Gene Doyle for reminding us that SSI recipients might be eligible for some extra financial help in emergency situations. Read More

Calling the Appeals Council
December 17, 2010
Calling the Appeals Council may sometimes feel like crying out in the wilderness, with the same result. Read More

Court Remands for Further Vocational Evidence
December 17, 2010
U.S. District Court Judge Victor Marrero recently remanded a claim for vocational evidence, ordering the Commissioner to more fully develop the record regarding jobs that claimant might be able to perform despite her non-exertional impairments. Read More

Hurry Up and Wait
December 17, 2010
The Court of Appeals for the Second Circuit has issued amendments to the local rules, effective December 15, 2010. Read More

Parolees Continue to Face Terminations
December 17, 2010
Readers of these pages will recall previous articles on the intricacies of Social Security’s law and regulations on so fleeing or fugitive felons. Read More

What Is...Charcot-Marie-Tooth Disease?
December 17, 2010
Charcot-Marie-Tooth disease (CMT) is a degenerative neurological disorder, named after the three physicians who first described it in 1886. Read More

SSA Wrongfully Denies Refugees
December 17, 2010
Advocates from the Syracuse region report that at least several SSI claims representatives misunderstand SSI refugee eligibility. The ins and outs of the rules are admittedly convoluted. Read More

Regional Chief ALJ Responds to ALJ Misconduct Complaint
December 17, 2010
Manhattan Legal Services (MLS) has filed a number of complaints about the misconduct of an Administrative Law Judge (ALJ) in the Manhattan ODAR. Read More

SSA Updates ALJ Disposition Date
December 17, 2010
It looks like the Social Security Administration (SSA) has already put 2010 behind. Advocates who were having trouble looking the ALJ disposition data, which had been SSA’s website, were surprised to discover it had disappeared. Read More

ALJs Protest Bias Findings
December 17, 2010
Advocates know only too well how difficult it can be to raise claims of bias against an Administrative Law Judge (ALJ). Read More

Web News - December 2010
December 17, 2010
Supplemental Needs Trust Information Available; Abduction, Extension, Flexion?; Information for Mentally Ill Prisoners Published; Understanding Medicaid Spend-Downs Read More

COLA? What COLA?
December 17, 2010
Recipients in all of Social Security’s benefit programs, including retirement, disability and SSI, will be disappointed again in 2011 because of no cost-of-living adjustment (COLA) for the second year in a row. Read More

Benefit Offset National Demonstration (BOND) Comes to NY
December 17, 2010
An SSA pilot project that will test modifications in counting income for Title II disability beneficiaries will be implemented in 10 areas across the country, including Western New York. Read More

DAP Advocates Offer Comments to SSA
December 17, 2010
The September 2010 edition of the Disability Law News outlined proposed changes recently published by the Social Security Administration to the mental impairment listings. Read More

Final Rule Allows QDD Favorable Decisions, Quickly
December 17, 2010
The Social Security Administration (SSA) issued a final rule that permits state agency disability examiners, on a temporary basis, to make fully favorable determinations in certain claims without the approval of a state agency medical or psychological consultant. Read More

Medicare Part D Rules Issued
December 17, 2010
Another regulation issued in final interim form, but on which SSA will accept comments, relates to determining Medicare Part D prescription drug coverage premiums. Read More

Withdrawing Early Applications Getting Harder
December 17, 2010
As we know, applying for retirement benefits after age 62 but before full retirement age (FRA) can result in up to a 20% permanent reduction in future benefits, depending on when the wage earner takes the benefit. Read More

Rosa's Law Signed by President Obama
December 17, 2010
On October 5, 2010, President Obama signed into law S. 2781, which changes references in many Federal statutes that currently refer to “mental retardation” to “intellectual disability.” Read More

End Note - December 2010
What A Day for A Daydream?
December 17, 2010
Does day-dreaming make you happier or unhappier? Contrary to what you might think, Harvard University researchers have demonstrated that mind wandering is not as likely to make you happy as does focusing intensely. Read More

Searching, and Finding, the POMS
December 17, 2010
It should come as no surprise to Social Security practitioners that searching for and finding relevant POMS (Program Operations Manual System) is a difficult chore, reminiscent of finding the proverbial needle in a haystack. Read More

Download in PDF Format


Copyright © Empire Justice Center. All rights reserved. Articles may be reprinted only with permission of the authors.