Newsletter Archive

Bulleting Board - November 2008
November 1, 2008
Shalala v. Schaefer, 113 S. Ct. 2625 (1993) Veino v. Barnhart, 312 F.3d 578 (2d Cir. 2002) Read More

"Fleeing” Penalties Challenged Nationally
November 1, 2008
A nationwide class action suit has been filed challenging the Social Security Administration’s (SSA) interpretation of the federal law that restricts payment of SSA benefits to persons who are “fleeing to avoid prosecution or custody or confinement after conviction” for a felony. Martinez v. Astrue, Case No. 08-Civ-4735CW (N.D. Cal. filed Oct. 15, 2008) Read More

SSI Eligibility Extended for Some Refugees
November 1, 2008
Effective October 1, 2008, legislation signed by the President temporarily extended from seven to nine years the period during which refugees and other humanitarian-based immigrants are eligible to receive Supplemental Security Income (SSI) benefits without being a citizen. The seven year limit will be automatically reinstated on October 1, 2011. Read More

HUD Revises Public Housing Pet Rules
November 1, 2008
The Department of Housing and Urban Development (HUD) is showing some of its own compassion in final regulations issued October 27, 2008. 73 Fed Reg. 63833. This final rule amends HUD's regulations governing the requirements for pet ownership in HUD-assisted public housing and multifamily housing projects for the elderly and persons with disabilities. Read More

SSA Proposes Electronic Hearing Schedule
November 1, 2008
SSA anticipates a large increase in hearing requests in the coming year. The agency expects Administrative Law Judges (ALJs) to increase their productivity so that each ALJ processes at least 500 cases per year. Although many ALJs are already at this level, 502 of the 895 fully available ALJs processed fewer than 500 cases in FY 2006. SSA expects these low flying ALJs to step up their case handling. Read More

Rep Payee Interview Rules Finalized
November 1, 2008
In March 2008, the Social Security Administration (SSA) issued proposed rules streamlining the representative payee interview process by not requiring a current payee to appear for another in-person interview for a subsequent payee application. Read More

Grid Age Categories Changed
November 1, 2008
In June 2008, SSA proposed to modify its Grid Rules by revising the definition of persons “closely approaching retirement age” from “60-64” to “60 or older.” Read More

Comments Submitted on Representation Regs
November 1, 2008
The Empire Justice Center has submitted comments on SSA’s “Proposed Rule on Revisions to Rules on Representation of Parties.” The Notice of Proposed Rulemaking (NMPR) was published in the Federal Register on September 8, 2008. 73 Fed. Reg. 51963 (Sept. 8, 2008), and was summarized in the September edition of the Disability Law News. Read More

Court of Appeals Issues New Opinions
November 1, 2008
After a long period of relative silence, the Second Circuit Court of Appeals has issued two very helpful decisions in relatively short succession. In August, the Court ordered a remand for further consideration of treating physician evidence in Burgess v. Astrue, 537 F.3d 117 (2d Cir. 2008). Last month, the Court remanded a mental impairment claim for further for application of the correct legal standards. Kohler v. Astrue, --- F.3d ---, 2008 WL 4589156 (2d Cir. October 16, 1008). And in one of its “unpublished” decisions - Burger v. Astrue, 2008 WL 259517 (2d Cir. June 27, 2008) - the Court remanded for further development because the claimant was unable to afford treatment. Read More

SSA Announces 2009 COLA
November 1, 2008
On October 16, 2008, SSA announced its cost of living adjustments (COLA) for benefits effective January 2009. It is largest annual increase (5.8%) since 1982, and is based on the annual change in the Consumer Price Index. Read More

Identity Theft Issues Abound
November 1, 2008
The illegal use of social security numbers (SSNs) continues to a major problem. Both the GAO (General Accountability Office) and the SSA OIG (Office of the Inspector General) have recently issued reports concerning the safeguarding of this information. On a related note, the IRS (Internal Revenue Service) has created a toll-free number for identity theft victims. Read More

Overpayment Waiver Threshold Increased
November 1, 2008
Did you know that if a claimant had an overpayment of $500 or less, it could be waived automatically – just by the asking – so long as there is no indication of fault? Effective September 27, 2008, that threshold has been increased to $1,000.01 for SSI overpayments. Read More