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Disability Law News - March 2015 Issue


 

Articles in this Issue

Final Submission of Evidence Rules: Everything Goes
March 31, 2015
SSA’s long awaited final rules on submission of evidence in disability claims were issued on March 20, 2015, so fasten your seatbelts because it is going to be bumpy going forward. Read More

Chronic Fatigue Syndrome Gets New Name
March 31, 2015
The Institute of Medicine recently proposed a new name and new diagnostic criteria for the condition known as chronic fatigue syndrome. While experts generally agree that the disease has a physical basis, they have struggled for decades to characterize its symptoms. Read More

Mourning DAP Advocate Milton Braxter
March 31, 2015
Milton Braxter, a DAP Attorney at Nassau Suffolk Law Services for more than 26 years, passed away suddenly in December 2014. According to his obituary, “He was an expert in Social Security Disability Law and was always willing to share his vast knowledge with his associates and others on staff. Read More

Medical Record Copy Fees Waived
March 31, 2015
In almost every case, advocates need to request copies of updated medical records, or records never obtained by Social Security. And in almost every request, advocates ask the medical provider to waive the copying fees, citing their clients’ indigence and/or the New York Public Health Law. Read More

SSA Office Hours Expanded
March 31, 2015
Effective March 16, 2015, SSA district offices will be open to the public for an additional hour on Mondays, Tuesdays, Thursdays, and Fridays. Offices will continue to close to the public at noon every Wednesday so employees have time to complete current work and reduce backlogs. Read More

SSR 15-1p Addresses Interstitial Cystitis
March 31, 2015
SSA issued a new Social Security Ruling (SSR) addressing interstitial cystitis (IC), and rescinding its previous ruling on the topic SSR 02-2p. SSR 15-1p was issued on March 18, 2015, and was effective as of the date of publication. Read More

Need An SSA? Read On...
March 31, 2015
SSA announced proposed changes to its regulations governing the way applicants for a Social Security number would submit their applications. Read More

Appeals Council Reverses ALJ
March 31, 2015
It is not often the Appeals Council remands claims, and it is far more unusual for the Appeals Council to reverse and order calculation of benefits. Read More

ALJ Grants Compassionate Allowance
March 31, 2015
Paralegal Angela Hale of the Rochester office of the Empire Justice Center convinced an ALJ to grant a fully favorable decision on the record (OTR). Read More

Second Circuit Remands for Further Review
March 31, 2015
After a relatively long hiatus, the U.S. Court of Appeals for the Second Circuit has issued remand orders in two Social Security cases decided this year. Both cases were brought by Kenneth Hiller, a private attorney from the Buffalo, New York, area. Read More

Evidence Establishes Paternity for Social Security Purposes
March 31, 2015
In Hayes-Barker v. Colvin, 10-cv-4790(ENV) (E.D.N.Y. February 27, 2015), the court found that a posthumous blood genetic marker test could be considered as clear and convincing evidence of paternity, enabling an infant to inherit her father’s Social Security benefits under the New York Estates, Powers and Trusts Law (EPTL). Read More

Are Your Court Remands Lingering at the AC?
March 31, 2015
Cases remanded by US. District Courts, either following court decisions or by stipulations of the parties, pass through the Appeals Council before going back to ODAR (Office of Disability Adjudication and Review). In most cases, the Appeals Council issues its own somewhat perfunctory orders, basically adopting the court orders. In other cases, the Appeals Council prepares more detailed orders. Read More

Same Sex Lawsuit Filed
March 31, 2015
As noted in almost every edition, this newsletter would not be complete without an update on the Social Security Administration’s (SSA) implementation of United States v. Windsor, –– U.S. ––, 133 S.Ct. 2675, 2695, 186 L.Ed.2d 808 (2013)—the Supreme Court’s decision that struck down Section 3 of DOMA (Defense of Marriage Act). Read More

"Bad Advice" Does Not Toll Time to File Complaint
March 31, 2015
Federal court jurisdiction over appeals from the denial of Social Security or SSI benefits is premised upon a “timely” filing of a complaint. In the normal course, a federal court complaint must be filed within 60 days of the date of mailing an unfavorable decision from the Appeals Council. Read More

Fourth and Seventh Circuits Reverse Commissioner
March 31, 2015
We occasionally report on interesting decisions from other circuits. In this edition, we are highlighting one from the Fourth and one from the Seventh—two courts with often disparate views in Social Security appeals. Read More

2015 Red Book Available
March 31, 2015
No, not the magazine you see in your doctor’s waiting room—Social Security’s 2015 Red Book is now available online. According to SSA, the 2015 Red Book: A Guide to Work Incentives serves as a general reference source about the employment-related provisions of the Social Security Disability Insurance and the Supplemental Security Income programs for educators, advocates, rehabilitation professionals, and counselors who serve people with disabilities. Read More

Web News - March 2015
March 31, 2015
Social Security Appeals Can Be Filed On-Line; Spanish Hearing Request Form Available; Disability Advocacy Program (DAP) Biennial Report Submitted; Budgeting Workbook=Easy SSI Calculations; SSA Website Fights Fraud Read More

End Note - March 2015
Does Fidgeting Boost Creativity?
March 31, 2015
Do you fidget at meetings, fiddle with your pen at hearings, or play with desk toys while on the phone? Maybe instead of just annoying those around you, you are actually improving your own focus and sparking creative thinking or faster learning. Read More

Important Message for Recipients Receiving SSP Benefits
March 31, 2015
If clients receive State Supplement Program (SSP) benefits via direct deposit, please note that SSP payments for April 2015 were deposited on March 24, 2015, rather than on April 1, 2015. Read More

Medical-Vocational Guidelines POMS Revised
March 31, 2015
The Social Security Administration (SSA) has “reorganized” the subchapter of the POMS governing the use of the Medical-Vocational Guidelines (the “girds”). In a transmittal announcing the revisions, SSA explained it reorganized the subchapter “to make it easier to access, [and] added additional detail from the referenced Social Security Rulings (SSRs).” 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

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

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