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Disability Law News - June 2016 Issue


Articles in this Issue

Federal Student Loan Discharge Procedures Expand
June 30, 2016
Advocates will recall that in 2012, the Department of Education amended its regulations governing discharge of federal student loans based on total and permanent disability. But not all disabled borrowers were aware of or able to take advantage these provisions. Read More

OIG Issues Reports
June 30, 2016
Reports recently issued include Electronic Bench Book; Subsequent Events Related to Denied Claimants; Status of Compassionate Allowance and Quick Disability Determination Expedited Cases; The Social Security Administration's Vision 2025. Read More

Homeless Pilot Proves Successful
June 30, 2016
The Social Security Administration (SSA) recently evaluated a pilot project that tested whether providing support during the application process improves SSI application outcomes. The target population in selected communities in California was homeless individuals with serious mental illness. The interventions put in place in the Homeless with Schizophrenia Presumptive Disability (HSPD) pilot proved effective. Read More

Advocates Move On and Up
June 30, 2016
Attorney Howard Davis of New York City has retired – again! Read More

SSA Issues Social Security Ruling 16-4p on Genetic Testing
June 30, 2016
SSA issued Social Security Ruling (SSR) 16-4p on April 13, 2016, which addresses Using Genetic Test Results to Evaluate Disability. Read More

SSA Proposes More Liberal UWA and EXR Rules
June 30, 2016
SSA seeks comment on regulatory amendments regarding two related, but disparate, work incentives, unsuccessful work attempts (UWA) and Expedited Reinstatement (EXR). Read More

Proposed Regulations Address "Bad Doctor Rules"
June 30, 2016
SSA has proposed regulatory amendments (Notice of Proposed Rulemaking “NPRM”) on the exclusion of evidence coming from medical providers whose bad acts have put them on the undesirable list. Read More

Repiratory Listing Revised
June 30, 2016
SSA published final rules revising the criteria in the Listing of Impairments (listings) used to evaluate claims involving respiratory disorders in adults and children. Read More

Neurological Disorders Listings Revised
June 30, 2016
SSA announced on July 1, 2016, that the Neurological Disorders Listings will be revised. SSA published a Notice of Proposed Rulemaking (NPRM) for changes in evaluating neurological disorders on February 25, 2014. Read More

New POMS Clarify Exception to Installment Payments
June 30, 2016
The Social Security Administration has issued a new POMS provision clarifying exceptions to the requirement that past-due Supplemental Security Income (SSI) benefits be paid in installments. Read More

Final Rule Extends Pilot Program Setting Time & Place for Hearing
June 30, 2016
SSA is extending for one year the pilot program that authorizes the agency to set the time and place for a hearing before an administrative law judge (ALJ). Read More

Remand Ordered in Circuit Court Appeal
June 30, 2016
Recently the U.S. Court of Appeals for the Second Circuit issued a remand order in the case of Evans v. Colvin, 2016 WL 2909358 (2d Cir. May 19, 2016), in which the claimant Evans’s application for Social Security Disability benefits was denied by the Commissioner of Social Security (“Commissioner”) and affirmed by the district court. Read More

Second Circuit Upholds ALJ
June 30, 2016
The court went on to bolster the non-examining opinion with reference to the review physician’s role as a specialist and agency consultant—or “expert”—in the evaluation of disability claims. Plus, his check-box opinions were supplemented by narrative explanation. The court refuted the claimant’s argument, upheld in prior circuit decisions, that the non-examining opinion was not substantial evidence because it was “stale.” Read More

Earlier Application Date Results in Large Retro
June 30, 2016
Michael Telfer of the Legal Aid Society of Northeastern New York got a great result in a recent Administrative Law Judge (ALJ) hearing. The client was in congregate care for 17 months during the retroactive SSI period so retroactive benefits rewarded to the client added up to $40,313 and interim assistance recovery for Albany County of $23,328. Read More

2016 Partnership Conference: Justice Rising
June 30, 2016
Mark your calendars for the 2016 Partnership Conference, sponsored by the NYS Bar Association, taking place Wednesday September 14 through Friday September 16 at the Albany Marriott Hotel. Read More

Need to Contact a Field Office?
June 30, 2016
Having trouble reaching a claims representative at an SSA Field Office? Now we have a list of all the Field Offices around the state with the names of managers and their phone numbers, thanks to Everett Lo of SSA’s Regional Public Affairs Office. Read More

SSA Updates Its Best Practices Guide
June 30, 2016
Did you know that ODAR (Office of Disability Adjudication and Review) publishes a guide for representatives? We have previously alerted readers to the Appeals Council’s Guide for Requesting Appeals Council Review and Submitting Additional Evidence to the Appeals Council. But ODAR also has suggestions as to how best to represent claimants at the Administrative Law Judge level. Read More

Help Clients Beat the Heat
June 30, 2016
Thanks to Jim Murphy of the Cortland Office of Legal Services of Central New York for his timely reminder of the availability of funds under the Home Energy Assistance Program (HEAP) Cooling Assistance Component (CAC). Read More

Web News - June 2016
June 30, 2016
New SSA Data on Disability Determinations and Reviews Released; Justice Index 2016 Launched; Supplemental Needs Trusts (SNTs) Resources Compiled; How Does Your County Rank in Health Care? Read More

End Note - June 2016
To Tell You the Truth...
June 30, 2016
How often do you hear—or use—that phrase as an introduction to a statement that may or may not be the truth? Or “I hate to say, but,” or “I want to say,” or “not for nothing”? Read More

Bulletin Board
October 31, 2017
Astrue v. Capato; Shalala v. Schaefer; Lesterhuis v. Colvin; Talavera v. Astrue Read More

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