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Disability Law News - June 2014

 

Articles in this Issue

SSA Issues Two New SSRs
June 27, 2014
On June 2, 2014, the Social Security Administration (SSA) issued two new Social Security Rulings (SSRs): SSR 14-2p - Titles II and XVI: Evaluating Diabetes Mellitus; and SSR 14-3p -Titles II and XVI: Evaluating Endocrine Disorders Other Than Diabetes Mellitus. Read More

Cortes Named Paralegal of the Year
June 27, 2014
The Rochester Paralegal Association recently named Doris Cortes as the 2014 Paralegal of the Year. Doris, who is a Senior Paralegal at the Empire Justice Center in Rochester, has been representing DAP clients for almost twenty years. Read More

NYS to Administer SSI State Supplement
June 27, 2014
For decades, New York State has paid an additional state supplement to recipients of Supplemental Security Income (SSI). Although the supplement is state money, New York contracted with the Social Security Administration (SSA) to administer payment of the supplement. Read More

SSA Stops Overpayment Practice Based on Old Debts
June 27, 2014
On April 14, 2014, Acting Commissioner Carolyn Colvin directed Social Security Administration (SSA) staff to halt further referrals to the U.S. Department of Treasury tax refund offset program of debts owed to SSA that are more than 10 years old, pending a review of SSA’s responsibility and discretion under the current law. Read More

DOJ Issues Windsor Memo
June 27, 2014
A year after the Supreme Court’s decision striking down Section 3 of DOMA (Defense of Marriage Act), Attorney General Eric Holder has issued a formal report to the President on efforts by the Department of Justice (DOJ) and other federal agencies to implement United States v. Windsor, –– U.S. ––, 133 S.Ct. 2675, 2695, 186 L.Ed.2d 808 (2013). Read More

SSN Printouts No Longer Available?
June 27, 2014
As reported in the December 2013 and March 2014 editions of this newsletter, as of August 1, 2014, SSA District Offices (DOs) and Field Offices (FOs) will no longer provide SSN printouts to the public, with few exceptions. Read More

Technical Corrections Clarify Regulations
June 27, 2014
SSA announced recently that it was making technical corrections to several of its regulations. Read More

Neurological Listing Redux
June 27, 2014
We told you in the March Disability Law News that SSA proposed changes to the Neurological Listing, 11.00 (adults) and 111.00 (children). 79 Fed. Reg. 10636 (Feb. 25, 2014). Read More

Electronic v. Paper Medical Records: May the Better Source Win?
June 27, 2014
With both feet firmly in the high tech age, SSA announced that it is changing the way it obtains medical evidence from any appropriate source. 79 Fed. Reg. 33681 (June 12, 2014). Read More

SSA Ends Letter Forwarding
June 27, 2014
Did you know that since 1945, SSA provided a letter forwarding service to the public? Read More

Comments Filed on SSA's Proposed Submission of Evidence Rules
June 27, 2014
As we told you in the March issue of the Disability Law News, the Social Security Administration (SSA) is proposing new regulations to require claimants, and by reference representatives, to inform the agency about or submit all evidence known to them that relates to their disability claims. 79 Fed. Reg. 9663 (Feb. 20, 2014). Read More

Language Access Points of Contact Designated
June 27, 2014
The Social Security Administration (SSA) has announced that its Regional Communication Directors (RCDs) will serve as points of contact in receiving and addressing language access-related issues. Read More

2014 Partnership conference Registration
June 27, 2014
Now that you’ve marked your calendars for the 2014 Partnership Conference being held on September 10th, 11th and 12th, you can now register online. Read More

Second Circuit Finds No Substantial Evidence and Remands Case
June 27, 2014
In the “good old days,” articles in this newsletter about Second Circuit remands in Social Security cases were not the rarity they seem to be now. A recent Circuit Court decision gave us a nice case of nostalgia. And we have Chris Bowes to thank for that disco dancing feeling! Read More

"Cherry Picking" Opinions Leads to Remand
June 27, 2014
Success in the form of a remand was granted in the N.D.N.Y. in a child’s SSI case, Baez ex rel. D.J. v. Colvin, 2014 WL 1311998 (N.D.N.Y. Mar. 11, 2014). Read More

Court Will Not Accept Opinion From "Dr." ALJ
June 27, 2014
In the N.D.N.Y., Chris Cadin from Legal Services of Central, New York, celebrated a job well done after one of his SSI cases was remanded for further proceedings. Taylor v. Colvin, 2014 WL 788842 (N.D.N.Y. Feb. 24, 2014). Read More

Eighth Circuit AR Issued
June 27, 2014
The Social Security Administration (SSA) has issued an Acquiescence Ruling (AR) applicable only to disability determinations within the Eighth Circuit, which includes Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota. Read More

Is Another AR Forthcoming?
June 27, 2014
In response to a 2013 decision from the Fourth Circuit Court of Appeals, SSA has issued EM (Emergency Message) - 10404. The EM instructs adjudicators to identify cases involving spinal impairments within the Fourth Circuit (Maryland, North Carolina, South Carolina, Virginia, and West Virginia) that may fall within the ambit of the Court of Appeal’s holding in Radford v. Colvin, 734 F.3d 288 (4th Cir. 2013). Read More

"Stable" Means "Stable"
June 27, 2014
How often do ALJs interpret “stable” in medical records as “not disabled?” But, of course, stable can does not necessarily mean “better” or “asymptomatic.” Read More

Web News - June 2014
June 27, 2014
SocialSecurity.Gov Reaches Milestone; A New Website for Young People; DDD Doctor Specialty Codes Decoded; Enrolling Persons with Mental Illness in Health Care Read More

Appeals Council Reverses ALJ Decision
June 27, 2014
A reversal by the Appeals Council is a rare occurrence. In fact, in Fiscal Year 2013, the Appeals Council allowed only two percent of cases that it reviewed. Read More

SSA to Collect RAMPs
June 27, 2014
No, we are not talking about those very pungent wild onions that flourish in early Spring. Rather, SSA is proposing a new system of records entitled Requests for Accommodation from Members of the Public, referred to as the RAMP. Read More

Paralegal Wins Fully Favorable Decision
June 27, 2014
Rochester Paralegal of the Year Doris Cortes of the Empire Justice Center displayed her award winning advocacy skills in a recent kid’s case. Read More

More CDRs in the Offing?
June 27, 2014
Advocates report more Continuing Disability Review (CDR) appeals in their caseloads. This should not be surprising in light of SSA’s increased funding to do CDRs. Read More

What are the Differences Between the IOG and the CDIU?
June 27, 2014
The media is full of salacious stories of rampant fraud and abuse by Social Security disability claimants and beneficiaries. Advocates know that many of these reports are baseless. But some are founded, and it is the job of the SSA’s Office of the Inspector General (OIG) to sniff out those cases. Read More

End Note - June 2014
Feeling Stressed? Go to Work
June 27, 2014
According to a study recently published in Social Science and Medicine, work may be less stressful than home. Researchers at Penn State University followed 122 randomly selected participants in a midsize northeastern city who worked full time outside the home. Read More

Bulletin Board
September 27, 2010
The "Bulletin Board" contains information about recent disability decisions from the United States Supreme Court and the United States Court of Appeals for the Second Circuit. Read More

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