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Disability Law News - January 2010 Issue

 

Articles in this Issue

SSA Notices Discriminate Against Blind and Visually Impaired
January 21, 2010
A federal court judge in California has ordered relief to a nation-wide class of visually impaired individuals who sought to compel SSA to provide alternative formats of communication. Read More

Foster Care Youth Can Apply for SSI Early
January 21, 2010
Effective January 13, 2010, SSA may accept an SSI application from a disabled youth in foster care up to 90 days before federal foster care payments are expected to end. Read More

ALJ Grants 12.05C Claim
January 21, 2010
How frustrating is it to be almost certain that your client has an IQ within the mentally retarded range, but there are no IQ scores available to prove your suspicions? Read More

Court of Appeals Joins Electronic Age
January 21, 2010
The United States Court of Appeals for the Second Circuit will convert to a new case management system and electronic document filing (“CM/ECF”) effective January 20, 2010. Read More

ALJ Reversed in Obesity Case
January 21, 2010
Merely referring to a claimant’s failure to lose weight does not constitute consideration of obesity under Social Security Ruling (SSR) 02-1p. Read More

Court of Appeals Upholds District Court
January 21, 2010
In a summary order, the Second Circuit upheld a decision by U.S. District Court Judge David Larimer of the Western District affirming the Commissioner. The case, which involved a 47 year old claimant alleging disability based on depression and anxiety, had previously been remanded from the District Court by stipulation for vocational testimony. Read More

Failure to Consider All Impairments Leads to Remand
January 21, 2010
There is certainly one former ALJ from the Albany ODAR who will not be missed. Although this retired ALJ will remain nameless, many of you know who we’re talking about! Read More

Magistrate Demands Logic
January 21, 2010
How many times have we scratched our heads when reading ALJ decisions that defy logic? Luckily for Alan Bock, Magistrate Foschio of the Western District of New York recently decided that logic is required in ALJ decisions! Read More

Legal Services Groups Announce New Resource for Health Advocates
January 21, 2010
The Empire Justice Center, The Legal Aid Society, and Selfhelp Community Services are excited to announce the launching of a new website called New York Health Access designed for New York State health advocates, caregivers, and consumers. Read More

What Is...Trigeminal Neuralgia?
January 21, 2010
Trigeminal neuralgia is characterized by sudden and intense facial pain that is often mentally and physically debilitating. The condition is most commonly found in women over age 50, and can be seen in patients with multiple sclerosis. Read More

ODAR Delays Shrink?
January 21, 2010
Recent editions of the Disability Law News have reported on ODAR (Office of Disability Adjudication and Review) average processing times from hearing request to decision. Read More

Web News - January 2010
January 21, 2010
2010 SSI Benefits Levels Available, Want to Know Who Is Dead or Alive?, Find Out What Symptoms May Mean, Win, Lose or Draw: How Your ALJ Has Decided Cases, Deciphering SSA Codes Read More

Courts Give, Congress Takes Away, Benefits to Non-Fleeing Felons
January 21, 2010
Benefits - or lack thereof - for felons and prisoners are in the news this month. The good news: the Social Security Administration (SSA) is poised to pay out more than $500 million in benefits that were wrongfully withheld from so-called “fugitive felons.” The bad news: Congress has passed legislation barring the receipt of these or any other retroactive benefits by prisoners. Read More

DSI=DOA
January 21, 2010
SSA proposes “to eliminate the remaining portions of part 405 of our rules, which we now use for initial disability claims in our Boston region. Read More

Endocrine Disorders Listing Undergoing Revision
January 21, 2010
In August 2005, SSA asked for input on how to revise its Listing of Impairments. In a December 14, 2009 notice, SSA proposes some radical changes to the Endocrine Listing for adults and children. Read More

Mac vs. PC, and Other Computer Queries
January 21, 2010
SSA invites the public to tell the agency how to set up its computer systems at a meeting of the Future Systems Technology Advisory Panel. 75 Fed. Reg. 1446 (January 11, 2010): Read More

SSA Seeking Comments on Other Listing Revisions
January 21, 2010
In late November 2009, SSA issued an Advanced Notice of Proposed Rulemaking and announced that it was seeking comments on potential changes to Multiple Body Systems, Listings 10 & 110, Genitourinary impairments, Listings 6 & 106, and Skin disorders, Listings 8 & 108. 74 Fed. Reg. 57970-57973. Read More

SSI Income and Resources Amendments Adopted
January 21, 2010
In a little over a year, the Social Security Administration (SSA) issued proposed rule making, reviewed comments, then issued final regulations relating to some SSI income and resources regulations.SSA noted that it was making “technical” revisions to some regulations, and also amending rules relating to the exclusion of a home in domestic abuse situations. Read More

Listening Tour Seeks Comments
January 21, 2010
In early 2010, the U.S. Department of Labor's (DOL) Office of Disability Employment Policy (ODEP) and its Federal partners will hold a series of six Listening Sessions across the country on disability employment. Read More

New Faceless Names at the Appeals Council?
January 21, 2010
In the September 2009 edition of the Disability Law News, we reported on changes at the Appeals Council, including how it was progressing with working through its backlog. As part of the effort, the Appeals Council is reportedly training 200 new analysts. Read More

Chubby Checker Twists for SSA
January 21, 2010
Move over Patty Duke. SSA’s latest celebrity feature for Boomers stars Chubby Checker promoting the Medicare “Extra Help” program. Read More

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