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Disability Law News - November 2009 Issue


Articles in this Issue

Second Circuit Addresses Credibility and RFC
November 16, 2009
We have seen an increase recently in the number of Summary Orders issued by the United States Court of Appeals for the Second Circuit. Although these Summary Orders do not have precedential effect, they may be used and cited, according to the Second Circuit’s Local Rules and the Federal Rules of Appellate Procedure. Read More

ALJ Decision Reversed in Kid’s Case
November 16, 2009
Judge John Curtin of the Western District of New York recently issued a decision in a childhood CDR (Continuing Disability Review) case reversing the Commissioner’s decision to terminate benefits and remanding the claim for the calculation of benefits. Read More

Child Meets Listing, Entitled to Reversal for Payment
November 16, 2009
One of the hardest things to do in a Social Security case is to show that a claimant meets a Listing. But the feeling that an advocate gets when winning a case at this level is priceless. Read More

Court Approves Remand to Different ALJ
November 16, 2009
In a contentious case challenging termination of child’s SSI benefits, plaintiff requested that a stipulated remand from the federal court should be assigned to a different Administrative Law Judge (ALJ) because of a showing of bias, prejudice and hostility to plaintiff and her counsel by the original ALJ. Read More

Faulty RFC, Failure to Develop Record Warrant Remand
November 16, 2009
Determining residual functional capacity (RFC) requires an Administrative Law Judge (ALJ) to consider all medical evidence in the record, and then decide what is the most a claimant can do. Read More

ODAR Delays Shifting
November 16, 2009
The September 2009 edition of the Disability Law News reported on ODAR (Office of Disability Adjudication and Review) average processing times from hearing request to decision between May 2008 and May 2009 at some of your favorite ODARs. Read More

Social Security Recipients Lose COLA Wars
January 15, 2010
Move over Coke and Pepsi. The COLA wars continue into 2010, and the big losers are recipients of benefits administered by the Social Security Administration (SSA). Of course we are talking about the Cost of Living Adjustment (COLA) that SSA has added to its benefit programs for every year of the programs’ existence. Read More

Overpayment Recovery Limited
November 16, 2009
Thanks to Jim Sheldon of Neighborhood Legal Services in Buffalo for highlighting a very useful POMS provision relating to overpayment recovery. Read More

POMS on Resources, Overpayments Updated
November 16, 2009
SSA has updated several sections of its Program Operations Manual System (POMS) related to resources in the SSI program and to handling overpayments. Read More

Compassionate Allowance Hearings Continue
November 16, 2009
SSA will be holding the fifth in a series of Compassionate Allowance public hearings, this one “to obtain your views about the advisability and possible methods of identifying and implementing compassionate allowances for young adults with Schizophrenia.” Read More

New and Improved Hearing Notices Issued
November 16, 2009
The Social Security Administration (SSA) has announced that it recently began using “a new, more user-friendly Notice of Hearing.” According to SSA’s newsletter touting this “new” notice, it informs claimants upfront that they must bring valid picture identification because of security requirements in government facilities. Also, “the notice’s new language makes it easier to understand the legal information by eliminating provisions that can be complicated and confusing. Read More

Prototype Testing Extended
November 16, 2009
Who remembers reconsideration? Most advocates in New York have not had to deal with the reconsideration step of the administrative appeals process in quite some time. Read More

Rep Payee Conserved Funds Transfers Proposed
November 16, 2009
In an October 14, 2009 announcement, SSA is proposing a slight change to its rules for representative payees who are discontinuing their service as representative payees. 74 Fed. Reg. 52706. Comments deadline is December 14, 2009. Read More

Representatives’ Fees Rules Change
November 16, 2009
SSA announced a final rule making revisions to fee payment restrictions, exempting from its oversight fees paid by third parties (including non-profits, more or less codifying Social Security Ruling (SSR) 85-3) and fees approved by a court in a guardianship or similar situation. Read More

The Cancer Among Us: Malignant Neoplastic Diseases Listings Revised
November 16, 2009
The Social Security Administration (SSA) announced in the October 6, 2009 Federal Register final changes to some of the criteria in the Listing of Impairments used to evaluate claims involving malignant neoplastic diseases (cancer). 74 Fed. Reg. 51229. The changes are effective November 5, 2009. Read More

NYS OTDA Issues ADM on Interim Assistance
November 16, 2009
The NYS Office of Temporary and Disability Assistance(OTDA) recently issued an Administrative Directive (ADM), 09 ADM-18, which advises Social Services Districts (SSDs) of the impact of the statewide implementation of the Electronic Interim Assistance Reimbursement (e-IAR) process on Temporary Assistance (TA) Interim Assistance (IA) policy as now required by the Social Security Administration (SSA). Read More

President Names New Deputy Commissioner
November 16, 2009
Carolyn W. Colvin will be nominated as Principal Deputy Commissioner of Social Security by President Obama for a six year term, subject to confirmation by the Senate Finance Committee and a vote by the full Senate. Read More

SSA Pilots Representative Call Center
November 16, 2009
Beginning November 16, 2009, SSA will begin a 30-day pilot for a new initiative, the Representative Call Center (RCC). If the pilot is successful, SSA plans to expand it. Read More

Which WAIS Was It?
November 16, 2009
Few advocates worth their salt have not argued claims under listing 12.05 for mental retardation. Successfully combing the record - or other sources - for IQ scores can often result in a victory in what otherwise appeared to be a more than up-hill battle. Read More

Web News - November 2009
November 16, 2009
Looking for Medical Plans?; Hypothetically Speaking...; Find All There is to Know About Healthcare; Online Resource Center Trainings Available Read More

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