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Disability Law News - September 2009 Issue


Articles in this Issue

Errors on Credibility and Weight of Evidence Warrant Remand
September 15, 2009
In a recent decision remanding a claim for further proceedings, District Court Judge Charles Siragusa of the Western District of New York reiterated several rulings that are important to our disability cases. Read More

Court Reverses Child's Claim
September 15, 2009
Kudos to Erin McCormack-Herbert, Staff Attorney at the Partnership for Children's Rights, for her recent favorable decision in F.M. o/b/o B.M v. Astrue, 2009 WL 2242134 (E.D.N.Y. July 27, 2009). U.S. District Court Judge Sifton, relying on Erin’s excellent brief opposing the government’s motion for remand, reversed and remanded for the immediate calculation of benefits. Read More

Advocate Wins Double Whammy
September 15, 2009
What are the chances of getting two fully favorable “on the record” decisions in one week for siblings? That is exactly what paralegal Amy Leach of the Norwich office of the Legal Aid Society of Mid-New York managed to do. Read More

Appeals Council Reverses Age 18 Redetermination
September 15, 2009
Jody Davis, Senior Paralegal at the Legal Assistance of the Finger Lakes office of LAWNY, has achieved the seemingly impossible. Read More

Appeals Council Update
September 15, 2009
A few years ago, it seemed as though the demise of the Appeals Council was near. Now, however, it looks the Appeals Council is alive and – depending on your perspective – well. Read More

Claimant Prevails After Two Trips to the Appeals Council
September 15, 2009
In another example of David Ralph’s perseverance, he just obtained a victory going back to a 2002 application – and it only took three hearings and two Appeals Council remands! Read More

Pro Se, Non-English Speaking Claimant Entitled to Remand
September 15, 2009
In Bula v. Commissioner of Social Security, 2009 WL 890665 (N.D.N.Y. March 30, 2009), Northern District of New York Magistrate Judge Gustave J. Di Bianco held that due to the multiple errors by the Administrative Law Judge (ALJ), the case should be reversed and remanded for further proceedings. Read More

Medicaid to Pay for "Point-of-Care" Blood Tests for Lead Poisoning
September 15, 2009
Disability advocates know all too well the disastrous effect early exposure to toxic lead levels can have on young children. Childhood exposure to lead results in permanent brain damage and can severely affect a child’s physical, cognitive, and behavioral development. Children exposed to lead are more susceptible to developing learning disabilities, such as Attention Deficit Hyperactive Disorders (“ADHD”), as well as suffering from speech and language problems, developmental delays, and lowered IQs. Read More

New 1696 Available On-line
September 15, 2009
The Social Security Administration (SSA) has recently revised its Appointment of Representative form (Form SSA-1696-U4). Read More

ODAR Delays Shrinking?
September 15, 2009
Has anyone noticed that hearings are being scheduled more quickly these days? A comparison between average processing times published by Social Security for the month ending May 30, 2008, with the same period for 2009 shows an incremental improvement at a number of hearings sites. Read More

Benefits Continued Under Ticket To Work Rules
September 15, 2009
It only took six years, but David Ralph – an attorney from the Elmira office of LAWNY who is well know to be nothing less than persistent – finally convinced an ALJ that his client’s benefits should have not have been discontinued because she was participating in the “Ticket to Work” program. Read More

Disabled for Student Loan, Not Disabled for SSA?
September 15, 2009
It's not unusual for our clients to pursue educational opportunities in the hopes of being able to return to the world of work. Read More

More Compassionate Allowance Hearings Planned
September 15, 2009
As we have told you in past newsletters, SSA is holding a series of hearings across the country to get input on serious medical conditions that might qualify claimants for speedy, favorable resolution of their Social Security claims. Read More

New York Revises Power of Attorney
September 15, 2009
Significant changes to the use of powers of attorney in New York became effective September 1, 2009. Read More

What's A Stieberger Manual?
September 15, 2009
There has been a flurry of exchanges on the DAP list serve recently inquiring about the availability of the “Stieberger Manual.” Read More

Web News - September 2009
September 15, 2009
Find Chief Judge Bulletins on SSA Website; View Training on Electronic Records Express (ERE) and FIT; Looking for Obsolete Listings?; What to do About Identity Theft Read More

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