Recently the Appeals Council of the Social Security Administration (“SSA”) released its summary of requests for review from the 2013 fiscal year. Requests for review are appeals of decisions issued by Administrative Law Judges (“ALJ”) or dismissals by claimants for Social Security or Supplemental Security Income benefits. Of nearly 176,000 requests for review, a… Continue Reading
the settlement in Padro v. Astrue (Colvin) grants over 4000 disability claimants who were unfairly denied benefits by five rogue judges in Queens, NY the right to new hearings before different and independent judges. It also forces the five errant ALJ’s to undergo remedial re-training on Social Security law and proper procedures for conducting fair hearings. Finally, all future decisions by these five judges will be monitored by a special unit within the Social Security Administration for 30 months into the future. So there Mr. “Disability is easy to get” Kroft – stick this decision in your pipe and smoke it!
A few important nuggets of truth remained in my letter which will hopefully resonate with most New Yorkers. According to Social Security stastistics, the grim fact is that 1 in 5 male and 1 in 7 female disability recipients die within 5 years of being granted benefits. So if the average age that someone receives disability payments is 55, the fact is that many will never collect a dime of regular Social Security retirement benefits. This saves Social Security a ton of cash!
Once you receive this Padro v. Astrue Notification letter, you should immediately contact a Queens Social Security disability lawyer to learn your rights under the settlement. You may be entitled to “six figure cash awards” of retroactive benefits along with Medicare medical insurance. Call us TODAY toll free at 1-877-NY-DBLAW (1-877-693-2529 x123) to discuss your case.
any Social Security disability claimant who received either an “Unfavorable” or only a “Partially Favorable” decision by Judges David Z. Nisnewitz, Seymour Fier, Hazel C. Strauss, Marilyn P. Hoppenfeld or Michael D. Cofresi from January 1, 2008 to the date of the final settlement will have the right to a new hearing before a new Judge, and a new decision in their case. If you would like our New York Social Security Disability lawyers to give your prior Social Security disability denial a fresh look and free evaluation, call us toll Free at 1-877-NY-DBLAW (1-877-693-2529).
The confidentiality of any and all documents pertaining to your case are protected under Worker’s Compensation Law. Only certain parties(including employers, insurance companies and either sides’ lawyers) may access information pertinent to your claim without written consent or a court-order. Your claim may also be viewed by government agencies who are processing claims for benefits… Continue Reading
Schedule Loss of Use Awards (SLU’s) are awards given to injured workers who have permanent injures to certain body pats, most often extremity injuries. New York Workers Compensation Schedule Loss of Use (SLU) Awards . It should be noted that an injure claimant can receive a Schedule Loss of Use Award without having to lose any time from work.
The most important aspect of a Section 32 Agreement is that the claimant is allowed to waive any or all past, present or future compensation and medical benefits
Primary-progressive MS and Relapsing-remitting MS are the types we most often see in our office for Social Security disability (SSD) benefits
“Protective Legislation for Workers” is an upper level law school course and will be team taught in a “practical” manner. It will cover topics such as New York Workers’ Compensation, Social Security Disability, OSHA, federal wage and hour law and unemployment insurance
After six years of representing my Second Circuit colleagues on the National Organization of Social Security Claimant Representatives (NOSSCR) Board of Directors, I am stepping down to take on new challenges – including teaching a Social Security Disability Law course at a local law school. I will remain on the NOSSCR Advocacy Committee. Thankfully, my good friend… Continue Reading
Poor Charles Lane! The conservative Washington Post columnist’s recent Op-Ed Column on Social Security Disability policy has been getting shredded in both print and on the Internet.
Troy G. Rosasco, Esq.
Social Security is scheduled to release it’s long awaited Fibromyalgia Ruling, SSR 12-2p tomorrow, July 25, 2012. Click here for a PDF version the full Social Security Disability Fibromyalgia Ruling. Until now, Social Security Disability lawyers frequently took general guidance from Social Security Ruling 99-2p Chronic Fatigue Syndrome (CFS) which was issued in 1999. Do not hesitate to call Senior Partner Troy Rosasco if you have questions concerning a Fibromyalgia Social Security Disability claim.
The Hon. Sol A. Wieselthier, a long time Social Security Disability Administrative Law Judge in the Queens, NY Office of Disability Adjudication and Review, passed away over the weekend. He was 84 and worked until shortly before his death. I had the pleasure of appearing before Judge Wieselthier for over 20 years. He was a true mench. Rest in Peace, Sol.
We hope that this web site will become the “go to” web site for New York residents who are interested in leaning about Social Security disability benefits. Health care organizations should feel free to link to our site as a helpful Social Security resource.
I have long advocated for this cancer coverage and testified before Dr. Howard at public hearings urging this exact outcome. Many others did the same and more. Today is a great victory for all the 9-11 responders and survivors fighting cancer today. Please remember those who have already passed in your prayers.
As I have done in the past, I’ll be presenting a lecture to “New Practitioners” in the Social Security Disability Law field. I have always believed that in order to be able to teach a subject, you must know it cold. It is no different with Social Security Disability Law, and teaching new Social Security Lawyers is both challenging and invigorating.
hopefully I’ll need more brain and less brawn at the upcoming full day Social Security Disability Boot Camp Seminar where I will be presenting on April 18, 2012. I will be covering topics such as the difference between SSDI vs. SSI, Social Security Disability appeals, ALJ hearings and mental impairments, such as depression, anxiety and post-traumatic stress disorder (PTSD).
Disability Claim Law Firm of Turley, Redmond Rosasco & Rosasco, LLP
Are Social Security Disability Judges awarding too many or too few disability claims? According to an article on the Social Security disability system by Damian Paletta in the Wall Street Journal today, that will be the subject of an independent review of the federal disability system by the Administrative Conference of the United States focusing on the work of Social Security Administrative Law Judges (ALJ’s). class action lawsuit was filed against five Social Security ALJ’s claiming anti-claimant bias in the Queens New York Office of Adjudication and Review. Read my affidavit that was submitted to the federal court regarding the abuses of Social Security Queens Chief Judge David Z. Nisnewitz and ALJ Seymour Fier here.
On the other equally bad end of the spectrum is the case of West Virginia Social Security ALJ David B. Daugherty, who apparently never met a claimant who was not disabled. Unlike his brethren in Queens, New York, he was suspended for his outstandingly high allowance rate, and eventually retired. The “Queens 5″ continue to hear cases. I guess granting cases is a more serious offense at Social Security than bullying and intimidating claimants, which was the M.O. for the Chief ALJ Nisnewitz in Queens. Either way, both examples of these “outliers” should be purged from the system.
As an Social Security Disability lawyer who sees these doctors’ decisions reversed on a regular basis by Administrative Law Judges (ALJ’s), I can tell you these doctors rarely make well reasoned, medically justified decisions. The real deal is that most of these doctors are unhappy because Social Security is now paying them for “performance” on a per claim basis, as opposed to their prior leisurely $90 per hour pace. These doctors, many of whom have been “retired” from the regular practice of medicine for decades, had a good thing going while it lasted. When asked to produce, the “semi-retired” Social Security doctors are leaving the system – plain and simple.
Raynor v. Landmark Chrysler, the New York State Court of Appeals affirmed a lower appellate court ruling upholding provisions requiring private workers’ compensation insurance carriers to make mandatory Aggregate Trust Fund (ATF) deposits for claimants classified as permanently partially disabled (PPD) and injured both before and after March 13, 2007. Upon the worker being classified PPD, the private insurance carrier is obligated to deposit the present value sum of future indemnity payments into the Aggregate Trust Fund (ATF). In many cases, such deposits will be in the hundreds of thousands of dollars. This is a private workers’ compensation insurance company’s worst nightmare. Practically, just the threat of a potential PPD classification should cause insurance companies to pull out their settlement checkbooks and pens. And this was the intention of the 2007 New York Workers’ Compensation Reform legislation The fairness of settlement offers will be based upon the ATF’s present value discount tables and Board Bulletin 222-B. if you have questions about the fairness of your Section 32 workers compensation settlement offer, please contact Troy Rosasco at x123 for a Free Evaluation of your claim
Contact me for a copy of my PowerPoint materials for this Social Security Disability claim seminar.
There are some easy, less draconian, solutions to the Social Security disability insolvency problem. Why doesn’t Congress simply make Social Security’s own “Ticket to Work” program mandatory for anyone who is less than 100% disabled (the majority of SSDI recipients)? Currently, it is a voluntary program and is greatly under utilized
Just finished watching the President inform the nation that our military and intelligence services have killed Osama Bin Laden. Today the USA stands triumphant in sending a clarion call to all terrorists who would come to our shores to cause us harm. Americans never give up, and you too will be hunted down, flushed out and brought to the justice you deserve.