"Iffy" Case Succeeds
March 1, 2008
As the case summaries reported on these pages usually demonstrate, it is the extra digging by advocates before the hearing that can turn an “iffy” case into a winner. Read More
Claim Approved Nine Years and Three Hearings Later
March 1, 2008
What would a Disability Law News be without a recounting of one of Buffalo Bruce Caulfield’s victories? Bruce, a paralegal at Neighborhood Legal Services, has triumphed yet again in a case that he estimates took only 85 hours and 35 minutes, spread out over the last nine years! Read More
Claimant Finally Prevails at Third Hearing
March 1, 2008
We have previously reported on these pages that the third time is the charm. Unfortunately for the claimants who are subjected to that many hearings - and the years of waiting in between - that is too often true. Read More
When Is An Application Subsequent and Not Duplicate?
March 1, 2008
Every advocate’s worse nightmare is to get a remand from the Appeals Council that reopens a subsequent favorable decision. Katie Courtney of the Empire Justice Center in Rochester, however, was recently able to undo such a nightmare. 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
ALJ's Gratuitous Comment Criticized by Court
March 1, 2008
Too often, our clients are subjected to insulting and judgmental comments from ALJs. Judge Michael Telesca of the Western District of New York recently took an ALJ to task for such behavior. Read More
Court Overrules ALJ's Second Guessing
March 1, 2008
According to U.S. District Judge Michael Telesca of the Western District, an ALJ cannot rely simply on his “own medical opinion, and his gratuitous observation that ‘[the claimant] is taking more narcotics than most people who are in immediate recovery from surgery,’” to override the opinion of a treating physician. Read More
Judge Munson Remands, Retires
March 1, 2008
The Chief Judge of the United States District Court for the Northern District of New York recently announced that former Chief Judge Howard Munson retired from the Northern District bench effective January 31, 2008. Read More
New York's First Department Hands Refugees a Victory
March 1, 2008
On January 17, 2008 the New York Appellate Division, First Department, in a split decision of three to two, held that New York residents who are lawfully residing in the United States and who are elderly, blind or disabled, “...are entitled to receive public assistance in the amounts defined in Social Services Law (SSL) §209.2 as ‘the standard of monthly need’ or minimum levels deemed necessary by the Legislature for their adequate support.” Read More
Regular Mail Not Entitled to Strong Presumption of Receipt
March 1, 2008
In a case seeking review of an order of the Board of Immigration Appeals (BIA), the Second Circuit laid down principles that may be very applicable in our Social Security cases. Read More
Does Drug Use Affect HIV Status?
March 1, 2008
A recent study by published in the journal Drug and Alcohol Dependence by Chun Chao, Ph. D., and colleagues of the department of epidemiology at Jonsson Comprehensive Cancer Center at the University of California at Los Angeles, concluded that the use of recreational drugs, like marijuana and cocaine, by persons with AIDS or HIV disease appeared to have little impact on CD4 or CD8 cells. Read More
Web News - March 2008
March 1, 2008
Going Abroad? Getting Social Security?, Attorney General Health Care Bureau Addresses Complaints, Looking for Cheap Drugs?, Web Site Explains Insurance Eligibility, Quality Care From a Distance Read More
SSI Break-Even Deeming Chart Available
March 1, 2008
The 2008 version of the SSI “Break-Even” Deeming chart for is now available at www.empirejustice.org. Read More
Social Security Benefits Payable by Debit Cards
March 1, 2008
The Department of the Treasury announced that beginning this spring, people in Texas, Oklahoma, Arkansas, and Louisiana will be offered the option of receiving their Social Security or SSI benefits in the form of a prepaid debit card instead of a paper check. Read More
Apply On-line
March 1, 2008
Starting December 22, 2007, Social Security began allowing a claimant who has been denied at the initial level to appeal electronically. For some time now, claimants have been able to file the Disability Report-Appeal (Form SSA-3441-BK) electronically. Read More
Exempt Benefits Not So Exempt?
March 1, 2008
Controversies over supposedly exempt Social Security and Supplemental Security Income (SSI) benefits continue to be in the news. Read More
How Will the Stimulus Package Affect SSI Recipients?
March 1, 2008
Not all SSI recipients will be given the opportunity to be good Americans and help stimulate the economy this Spring. Under the newly enacted Economic Stimulus Act of 2008 (P.L. 110-185), individuals with qualifying income of $3,000 or more in 2007 may be eligible for payments between $300 and $600 ($600 and $1200 if married and filing a joint return), plus $300 for each qualifying child under age 17 as of December 31, 2007. Read More
SSI Issues: Cars, Bikes and Overpayments
March 1, 2008
Nobody said it would be easy for our clients once we got them Supplemental Security Income (SSI) benefits. Seemingly arcane income and resources rules abound in SSA’s world, enough to keep recipients and advocates scratching their heads! So when is a car a gift, or a Harley Davidson a resource, or how is an overpayment valued? Read More
Attorney Advisor Program Here to Stay
March 1, 2008
The Attorney Advisor program was given a trial several years ago, and put on ice but the implementing regulations, 20 C.F.R. §§404.942 & 416.1442, remain in the regulations, albeit with an express sunset provision of April 2, 2001. Read More
Commissioner Astrue Suspends Five Day Rule
March 1, 2008
The Social Security Administration’s (SSA) proposed regulatory changes to the appeals process, described in the November 2007 edition of the Disability Law News, have met with strenuous objections from the advocacy community, as well as from members of Congress. Read More
Compassionate Allowances Hearings Continue
March 1, 2008
Announced in the February 28, 2008 Federal Register, 73 Fed. Reg. 10715, the Social Security Administration’s Compassionate Allowances program continues with the scheduling of a second public hearing on April 7, 2008 between 8:45 a.m. and 5:30 p.m. in Boston, MA. Read More
Justice Delayed?
March 1, 2008
SSA’s Office of Adjudication and Review (ODAR) is not the only bottle neck for Social Security appeals. As advocates know all too well, claimants can also wait inordinate amounts of time for decisions from the federal district courts. Read More
New ALJs Hired
March 1, 2008
On February 28, 2006, SSA Commissioner Astrue announced the hiring of 144 new ALJs. According to Astrue, a total of 175 new ALJs will be hired this year. Read More
