Nassau: 366 North Broadway Suite 410 Jericho, NY 11753
Suffolk: 445 Broad Hollow Road Suite 25 Melville, NY 11747
Call Us Toll-Free: (888) 572-0861 Email: jd@iwantmydisability.com
According to data from the Social Security Administration (the “SSA”), the allowance rate in 2009 for disability decisions by Administrative Law Judges (“ALJ’s”) was 63%, or almost two out of every three cases. Many of the ALJs at the Queens, New York hearing office are known for being anti-claimant because of their low allowance rates. One of those ALJ’s is Seymour Fier.
The most recent data from the SSA covered the time period from September 25, 2010 through November 26, 2010. During that time period, ALJ Fier denied thirty (30) cases and approved full benefits in only six (6) cases. Statistics show that ALJ Fier’s allowance rate is way below normal.
Statistics are not the only source of evidence revealing ALJ Fier’s inability to evaluate disability cases objectively. Federal district judges have also issued decisions indicating that ALJ Fier is not fit to review cases fairly. The latest reported decision came from Judge Nicholas Garaufis in McDowell v. Social Security, 2010 WL 5026745 (E.D.N.Y. Dec. 3, 2010).
Judge Garaufis stated that ALJ Fier “did not devote even a single sentence of analysis to” his finding that the claimant did not meet a “listing.” Similarly, Judge Garaufis lamented that ALJ Fier devoted only “a single, conclusory pen-stroke without providing even a modicum of analysis or a token recitation of a single fact,” for his conclusion that the claimant lacked credibility. In light of ALJ Fier’s obvious inability to review the plaintiff’s claim fairly, Judge Garaufis not only reversed ALJ Fier’s decision, but also ordered the SSA to reassign the claim to a different ALJ.
Previous NextDISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link. Past performance doesn’t guarantee future results.
Attorney Advertising
Copyright © 2023, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou