Skip to Main Content
Printer Friendly

Disability Law News - July 2009 Issue

 

Articles in this Issue

SSI Funds Not Exempt for Overdrafts
July 1, 2009
Things were just starting to look a bit more secure for Social Security and SSI recipients with bank accounts. Read More

Appeals Council List Updated
July 1, 2009
Finding a live body to talk to at the Appeals Council can be challenging, much less knowing the particular branches and codes used by the Appeals Council to assign cases. Read More

Class Certified in Food Stamp Litigation
July 1, 2009
As we reported in the May 2009 Disability Law News, any SSI recipient who received food stamps while residing in a group home between January 2005 and September 2008 may be eligible for retroactive food stamps as a result of the decision in Graves v. Doar. Read More

Court Remand Reversed by Appeals Council
July 1, 2009
In another example of Appeals Council activism, Katie Courtney of the Rochester office of the Empire Justice Center got a similar result without having to experience the déjà vu part. Read More

Court of Appeals Issues New Decisions
July 1, 2009
The May 2009 edition of the Disability Law News featured a trilogy of recent decisions from the Second Circuit. (The newsletter is available at the recently launched new and improved website of the Empire Justice Center at www.empirejustice.org.) In all three of those decisions, the Court of Appeals upheld unfavorable decisions by the Commissioner. Read More

N.Y. Court of Appeals Rules on SSI Immigrant Case
July 1, 2009
On May 12, 2009, the New York State Court of Appeals issued a decision in Khrapunskiy v. Doar, 12 N.Y.3d 478 (2009), a class action case addressing the level of assistance the State is obligated to provide to elderly, blind and disabled legal immigrants who have been rendered ineligible for Supplemental Security Income (SSI) because of their immigration status. Read More

Second Circuit Decides Encarnacion II
July 1, 2009
Representing children in SSI claims can be frustrating on a number of levels. One recurring theme might be the case where a child has number of “moderate” limitations in several domains. Read More

SSA Issues Guidance for SSI Refugee Extension
July 1, 2009
On September 30, 2008, then President Bush signed the “SSI Extension for Elderly and Disabled Refugees Act” (“Extension Act,” Public Law 110-328). The legislation temporarily extends the eligibility of elderly and disabled refugees, asylees and various other groups of humanitarian based immigrants for Supplemental Security Income (SSI) from seven years to nine years. Read More

ALJs Share "Best Practices"
July 1, 2009
The Fall Church Office of Adjudication and Review (ODAR) recently issued a “Message to Claimants’ Representatives” setting forth a list of “Best Practices for Representatives.” Read More

Web News - July 2009
July 1, 2009
Can You Hear Us Now?, Avoiding the Hot Sun in the Summertime, Online Sites Help Navigate New York’s Courts, New York Senate Launches Updated Website Read More

Direct Express Cards Available
July 1, 2009
Many Social Security and SSI recipients have encountered problems with receiving their monthly benefits in the mail or even by direct deposit into their bank accounts. Problems with lost or stolen paper checks are not uncommon, and of course, exempt Social Security and SSI checks supposedly protected in claimant’s bank accounts have nonetheless been subject to seizure by creditors. Read More

SSI Funds Not Exempt for Overdrafts
July 1, 2009
Things were just starting to look a bit more secure for Social Security and SSI recipients with bank accounts. Read More

Fleeing Felons: How Does SSA Find Out?
July 1, 2009
The Social Security Administration (SSA) works closely with law enforcement agencies to “identify individuals who are: (1) Fugitive felons, parole violators, or probation violators, as defined by the Social Security Act, from the Source Jurisdiction; and (2) Supplemental Security Income (SSI) recipients, Retirement, Survivors and Disability Insurance (RSDI) beneficiaries, Special Veterans Benefit (SVB) beneficiaries, or representative payees for SSI recipients, RSDI beneficiaries, or SVB beneficiaries.” Read More

Attorney Advisor Program Extended
July 1, 2009
The Social Security Administration (SSA) is extending for two years its rule authorizing attorney advisors to conduct certain prehearing procedures and to issue fully favorable decisions. Read More

Combat Pay Proposed to Be Excluded from Deeming
July 1, 2009
In the June 11, 2009 Federal Register (74 Fed. Reg. 27727), SSA proposes to revise its rules to clarify that, for Supplemental Security Income (SSI) purposes, the agency will not consider any combat-related military pay as income in determining whether spouses and children of members of the uniformed services are eligible for SSI. Read More

Compassionate Allowance Hearings Continue
July 1, 2009
SSA Commissioner Michael Astrue will hold a hearing to obtain information about possible methods of identifying adults with Early-Onset Alzheimer’s Disease and related dementias and the advisability of implementing compassionate allowances for people with these diseases. Read More

Lost Stimulus Check?
July 1, 2009
What happens if a Social Security or SSI recipient loses the $250 stimulus check that he or she was supposed to receive? The Social Security Administration (SSA) has an answer for that one. Read More

OTDA Tidbits: Grant Increase, New Commissioner
July 1, 2009
Two important pieces of information relating to the Office of Temporary and Disability Assistance (OTDA) came out recently. First, Governor David A. Paterson announced an increase to the public assistance grant that took effect July 1, 2009. Read More

Time for a New DOT?
July 1, 2009
The Dictionary of Occupational Titles (D.O.T.) published by the Department of Labor and relied upon by the Social Security Administration (SSA) for vocational determinations is unquestionably out of date. Read More

Can Social Security Numbers Be Guessed?
July 1, 2009
A recent study by researchers at Carnegie Mellon University posits that it is all too easy to guess many if not most of the nine digits in a Social Security number using information that is publicly available. Read More

Download in PDF Format


Copyright © Empire Justice Center. All rights reserved. Articles may be reprinted only with permission of the authors.