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Disability Law News - March 2011 Issue

 

Articles in this Issue

Court Finds Posthumous Twins Entitled to Benefits
March 21, 2011
Noting that it “is, indeed, a new world,” the Third Circuit Court of Appeals held that twins born by artificial insemination after the death of their biological father are entitled to Social Security survivors’ benefits on his account. Read More

Seventh Circuit Rules Finds Hypothetical Question Inadequate
March 21, 2011
Although this newsletter usually focuses on decisions from and within the Second Circuit, a recent case from the Court of Appeals for the Seventh Circuit may be of interest to advocates who struggle over hypothetical questions posed to vocational experts (VEs) at hearings. Read More

Supreme Court Holds VA Deadline Not Jurisdictional
March 21, 2011
Can the 120-day deadline for filing an appeal with the Veterans Court be equitably tolled? Maybe, according to Justice Alito, writing for a unanimous Supreme Court in Henderson v. Shenseki, 2011 WL 691592 (March 1, 2011). Read More

DOMA Still Governs at SSA
March 21, 2011
On February 23, 2010, Attorney General Eric Holder announced that the Justice Department will no longer defend the constitutionality of Section 3 of the Defense of Marriage Act (DOMA), which defines marriage for federal purposes as only between a man and a woman. Read More

Drug Convictions: Any Effect on Social Security or Medicare Eligibility?
March 21, 2011
An interesting case scenario was recently posted on the DAP listserv. An advocate was working with a severely disabled SSI/SSD client charged with selling her pain medication on the street. Read More

Medicare Savings Programs Help With Premiums and Co-Pays
March 21, 2011
Did you know that recipients of Social Security Disability benefits qualify for Medicare after twenty-four months? Read More

What Is...
What Is...A Transdermal Patch?
March 21, 2011
A transdermal patch is a medicated adhesive patch that is placed on the skin to deliver a specific dose of medication through the skin and into the bloodstream. Read More

ALJ Bias SSR in the Works?
March 21, 2011
Rumor has it that the Social Security Administration (SSA) plans to revise HALLEX §I-3-125 regarding allegations of ALJ bias and eventually issue a Social Security Ruling (SSR) dealing with complaints of bias on the part of ALJs. Read More

How Fit Is Fit?
March 21, 2011
In a recent report, SSA’s Office of Inspector General (OIG) concluded that the Findings Integrated Template (FIT) hearing decision template instituted to address quality issues in ALJ decisions, notably legal error or poorly articulated rationale, has helped provided consistency and uniformity in decision; improvements, however, are possible. Read More

OIG Studies Dismissal Rates
March 21, 2011
SSA’s regulations governing dismissals clearly provide that the claimant should have an opportunity to demonstrate good cause for failure to appear before a claim is dismissed. 20 C.F.R. §§ 404.957 and 416.1457. That does not always happen, according to both the experience of advocates and the recent findings of the Office of Inspector General (OIG) of the Social Security Administration. Read More

21st Century SSA: Direct Deposits, Express Cards, Garnishments, and Tax Offsets
March 21, 2011
The work of representing an applicant for Social Security or SSI benefits does not end with a favorable decision. Our representation of disabled adults and children, or elderly beneficiaries extends to insuring that their hard sought benefits actually end up in their pockets. Read More

SSA Makes 14 Year Old Rule Permanent
March 21, 2011
Although a familiar mantra at the Social Security Administration (SSA) is hurry up and wait, this wait was ridiculous. Read More

Tax Refunds Exempt from SSI Income and Resource Rules
March 21, 2011
On December 17, 2010, the President signed Public Law 111-312, “Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010” (JCA). Read More

SSA Responds to Language Access Issues in NYC
March 21, 2011
Over the past few years, Manhattan Legal Services had heard consistent reports from clients regarding a lack of access to Social Security Administration (SSA) benefits and services for Limited English Proficient (“LEP”) clients. Read More

Theft of Personal Information Hits DDD Offices
March 21, 2011
In December 2010, an independent contractor of the Division of Disability Determinations (DDD), the New York State agency that decides initial disability claims for the Social Security Administration (SSA), illegally downloaded privileged data from DDD computers. Read More

NYC DAP Festival Coming Soon
March 21, 2011
Legal Services NYC (LS-NYC) is sponsoring a three-day festival of DAP continuing legal education programs on June 21st, 22nd, and 23rd. All events will be held at LS-NYC’s central office, which is now located at 40 Worth Street, 6th Floor, New York, New York 10013. Read More

Web News-March 2011
March 21, 2011
Visit Free Legal Search Sites; Welcome to the MBI-WPD Online Guide; CBPP Presents News to Know About SSI; Tips for Google Searches. Read More

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