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Saturday, May 22nd, 2010

ALJ Hoppenfeld Overtly Acts Biased

Administrative Law Judge (“ALJ”) Marilyn Hoppenfeld denied a fibromyalgia claimant’s application for the second time. The first time the Appeals Council rejected Hoppenfeld’s denial because there was no medical evidence contradicting the opinion of the five treating doctors, including the treating rheumatologist, who supported finding her disabled. This time, Hoppenfeld relied upon the opinion of a non-examining medical expert (“ME”) to deny the claimant’s application for lacking objective evidence, even though federal courts previously told Hoppenfeld that that she cannot reject the opinion of the physician treating the claimant’s fibromyalgia by “requir[ing] objective’ evidence for a disease that eludes such measurement, and that the opinions of two MEs who did not examine the claimant are not substantial evidence.”

Because Hoppenfeld claimed that there was no tape recording from the claimant’s remanded May 14, 2009 hearing, following the claimant’s the supplemental October 15, 2009 hearing, I requested a recording of that hearing, but was sent a copy of the claimant’s pre-remand January 10, 2008 hearing instead.

During the October 15, 2009 hearing, I stated on the record more than once that the claimant’s brother was waiting to testify. Hoppenfeld said there was not enough time that day for the brother’s testimony, or to cross examine the medical expert, but would schedule a supplemental hearing. One of the reasons why I wanted the hearing recording was to make sure that the recording clearly reflected the claimant’s invocation of her right to have a witness testify on her behalf and to cross examine an expert. Since I was not provided with a hearing recording, to ensure that Hoppenfeld could not claim that the claimant had not asserted her right for witness testimony and cross examination, I submitted a series of letters.

In response to a letter from Hoppenfeld dated November 2, 2009 that supposedly enclosed “Exhibit 27” for my review, I faxed and filed electronically a letter on November 7, 2009, where I asked Hoppenfeld when she was scheduling a hearing for the claimant’s brother to testify. I also advised Hoppenfeld that she had failed to enclose a copy of Exhibit 27F. Because I received no response, I reiterated my requests on November 17, 2009 by fax and electronic filing. Later that day, I received a response to my letter, but once again, while it acknowledged that Exhibit 27F was given to a medical expert, Hoppenfeld had failed to enclose a copy of that exhibit.

In response to interrogatories that Hoppenfeld sent a medical expert, in her letter dated December 11, 2009, Hoppenfeld stated:

You may also request a supplemental hearing at which you would have the opportunity to appear, testify, produce witnesses, and submit additional evidence and written or oral statements concerning the facts and law. If you request a supplemental hearing, I will grant the request unless I receive additional records that supports a fully favorable decision. In addition, you may request an opportunity to question witnesses, including the authors(s) of the enclosed report(s).

Immediately upon receipt of Hoppenfeld’s December 11, 2009 letter, by fax and electronic filing, I unambiguously stated:

Among other things, your letter states that I can request a supplemental hearing. I do request a supplemental hearing to cross examine Gerald Winkler, which I would prefer be scheduled at the same time that you schedule a time to take the testimony of the claimant’s brother.

Thus, not once, not twice, but three times I had now notified Hoppenfeld in writing, that I wanted a supplemental hearing to cross examine Gerald Winkler and to produce the claimant’s brother as a witness.

By letter faxed and filed electronically on April 21, 2010, I alerted Hoppenfeld that over half a year had elapsed since she held the claimant’s hearing, and agreed to schedule a supplemental hearing to take the testimony of the claimant’s brother, and to cross examine Gerald Winkler. This was the fourth time in writing that I had requested the supplemental hearing to take the testimony of the claimant’s brother, and to cross examine Gerald Winkler.

Finally, on May 20, 2010, by letter faxed and filed electronically, I submitted my fifth written request to schedule the supplemental hearing to take the testimony of the claimant’s brother and to cross examine Gerald Winkler.

Despite stating at the end of the hearing that she would schedule a supplemental hearing, and despite reiterating in writing that she would schedule the supplemental hearing to take the testimony of the claimant’s brother, and to cross examine Gerald Winkler, Hoppenfeld refused to do so, and instead issued her unfavorable decision. I cannot think of a more concrete example of an ALJ depriving a claimant of Due Process rights.

Hoppenfeld cannot claim that she is too dumb to understand her fundamental duty to develop the record because she admitted in writing that she had to schedule a supplemental hearing. Hoppenfeld cannot claim that she is incompetent and negligently failed to schedule a supplemental hearing because I invoked that right at the hearing, and then reminded her five times in writing that the claimant was invoking that right. Hoppenfeld’s deliberate, intentional, and gross misconduct clearly evinces her bias. Shockingly, Hoppenfeld’s failure to schedule the hearing is far from the most obvious evidence of bias in this particular case.

I have advised my client to file a complaint about Hoppenfeld’s pursuant to the “Administrative Law Judge/Public Alleged Misconduct Complaints System,” which is intended to track complaints about ALJ misconduct. The system will include information about bias complaints, investigations of complaints, and information about the claimants’ attorneys, which can facilitate collaborative action and evidence gathering. Any claimant or attorney filing bias complaint against ALJ Hoppenfeld should make clear that they want it incorporated into the Administrative Law Judge/Public Alleged Misconduct Complaints System.

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    • Vocational Evidence
    • Establishing Mental Disability
    • IMA Exam Is Not Required
    • Postherpetic Neuralgia
    • Multiple Sclerosis
    • Disabling AION
    • Proof of Birth for SSD
    • Corroboration is not Superfluous
    • Social Security Listings
    • CIGNA CONTINUES ILLEGAL CONDUCT
    • Fast SSD Approvals
  • April (9)
    • Impaired Use of Hands
    • Representative Payee
    • Onset Appeal
    • Amending SSD Onset Date
    • State Agency Vocational Experts
    • Causation and Social Security Disability Benefits
    • Alport Syndrome
    • David Nisnewitz Found Unfit To Be ALJ Again
    • Reopening SSD Applications
  • March (6)
    • Another Example of ALJ Fier's Bias
    • Physician Specialty
    • Medical Source Statements
    • Podiatrists and Disability Benefits
    • Retaining Social Security Experts
    • Transparent Hoppenfeld Bias
  • February (7)
    • State Agency Disability Analysts
    • SSD & WC
    • SSA Should Reimburse Travel
    • Disability Benefits For Carpenter
    • Carpal Tunnel Syndrome
    • SSD Approved in Two Months
    • Reflex Sympathetic Dystrophy
  • January (7)
    • Veterans Medical Source Statements
    • Disabled by Schizophrenia
    • Receiving SSD Benefits and an Income
    • Vocational Credibility
    • SSD For Police Officer
    • Kienbock's Disease
    • Patchogue Incompetence
  • 2011 (89)
  • December (4)
    • Binder and Binder
    • Appeals Council Doltishness
    • NYCERS Disability Pension
    • Can You Receive SSD If You Have Income?
  • November (6)
    • Rheumatoid Arthritis
    • Multiple Impairments
    • Adverse Evidence
    • Cerebrovascular Accident & SSD
    • Was A Video Hearing Needed?
    • NOSSCR Conference
  • October (7)
    • SSD Approved in 2 Weeks
    • SSD Approved In 2 Months
    • Disability and Diabetes
    • Social Security Benefit Increase
    • Vocational Experts
    • IMA Consultative Examinations
    • Hoppenfeld & The Rotation Policy
  • September (9)
    • Alzheimer’s
    • Federal Court Reassigns Nisnewitz Case
    • Approval After Federal Court Remand
    • Abusive Hoppenfeld Conduct
    • Rheumatoid Arthritis
    • SSD Overpayments
    • LTD Approved In Less Than A Month
    • Maximizing Disability Benefits
    • Mixed Connective Tissue Disease
  • August (7)
    • When To Amend The Disability Onset Date
    • Right To Cross Examine Post Hearing Experts
    • Commissioner’s Statement Is Offensive
    • Gilding the Lily
    • SSD Approved in 2.5 Months
    • When to File for SSD
    • Disability & Incontinence
  • July (11)
    • Hoppenfeld Fibromyalgia Bias
    • On The Record Requests
    • LTD Approved In Two Months
    • Work History
    • Relocating While Disabled
    • Carpal Tunnel Syndrome
    • Getting Disability Benefits Quickly
    • SSD Approved in 3 Months
    • SSD Approved In Two Months
    • SSD & WC Offset
    • Disability Analysts
  • June (7)
    • Federal Court Decision
    • Social Security Depravity
    • Depression and Anxiety
    • Fully Favorable Appeals Council Order
    • Erythema Multiform Major
    • SSD in Three Months
    • Lincoln Life Pays LTD Benefits
  • May (8)
    • Acquiring Work Skills
    • Court Rejects CIGNA LTD Termination
    • Disability Benefits & Substance Abuse
    • Endometriosis
    • SSD Approved In 2 Months
    • Raising The Retirement Age
    • No More Paper Checks
    • Treating Doctors
  • April (11)
    • SSA Prehearing
    • Disability Redefined
    • Consultative Examinations
    • Evidence of Hoppenfeld Bias
    • ALJ Nisnewitz Rejected Again
    • ALJ Bias Class Action
    • Working And SSD
    • ALJ Bias In Queens
    • Federal Court Decision
    • ALJ Strauss Rejected Again
    • Seven Year Wait Over
  • March (8)
    • Lyme Disease
    • ALJ Strauss Reversed Again
    • Remand To A New ALJ
    • “Secret” Child’s Benefits
    • Unfair CIGNA Tactics Detailed
    • LTD Policy Offsets
    • Partially Favorable Decisions
    • SSD While Working
  • February (9)
    • Expediting Disability Benefits
    • Multiple sclerosis
    • Date Last Insured
    • Radiculopathy
    • Videoconference Hearings
    • Expediting Disability Benefits
    • Patchogue Incompetence
    • Federal Court Decision
    • Union Disability Approved
  • January (2)
    • Does ALJ Strauss Try To Get Reversed?
    • ALJ Fier Unfit To Rehear Case
  • 2010 (75)
  • December (7)
    • SSA Notice of Awards
    • SSA Doctors
    • Protective Filing Date
    • SSA Delays
    • On The Record Requests
    • Dialysis & Disability
    • Disability Opinions & Medical Tests
  • November (7)
    • LTD and SSD
    • CIGNA Sued For Surveillance
    • Attorney Advisors
    • Social Security Doctors
    • Unum Reverses Termination
    • Electronic Records Express
    • Multiple Impairments
  • October (4)
    • Liver Cancer
    • Unum Approves Fibromyalgia Claim
    • Comorbid Conditions
    • “Partially Favorable” Decisions
  • September (6)
    • Income Doesn't Bar Disability Benefits
    • Celiac Disease
    • Proving Disabling Pain
    • EAJA Fees
    • IMA Disability Services
    • Self Employment
  • August (5)
    • Headaches
    • Ankle Injuries
    • Partially Favorable Decisions
    • Bench Decisions
    • Fibromyalgia
  • July (6)
    • Medical Listing Opinions
    • Treatment Records
    • Avoiding SSD Hearings
    • Federal Court Remand
    • The MTA & SSD
    • When Work Doesn’t Count
  • June (7)
    • Gastroparesis
    • Sjogren's Syndrome
    • Benefits After A Federal Court Remand
    • Firefighter Gets SSD Benefits
    • Prudential Approved LTD, For Now
    • Chronic Fatigue Syndrome
    • Getting Benefits While Working
  • May (7)
    • EAJA Fees
    • Stroke
    • New Jersey District Court Remand
    • District Court Remand
    • ALJ Hoppenfeld Overtly Acts Biased
    • Veterans
    • NYCERS & SSD
  • April (8)
    • Medical Evidence and Functionality
    • Deceptive SSA Notices
    • Onset Date
    • Queens ALJs
    • When Can You File For SSD Benefits?
    • Parkinson’s Disease
    • Consultative Exam (“CE”) Ruled Improper
    • EAJA Fees
  • March (5)
    • Consultative Examinations
    • New Office
    • Complaining About Biased ALJs
    • IMA Disability Services
    • Multiple Impairments
  • February (6)
    • NYCERS
    • Primary Care Physicians
    • Social Security Rulings
    • Anxiety
    • Fibromyalgia
    • Retrospective Medical Opinion
  • January (7)
    • Disability For Federal Employees
    • The Grids
    • Chronic Fatigue Syndrome
    • Adult Disabled Children
    • Charcot-Marie-Tooth
    • Depression and Anxiety
    • RSD/CRPS
  • 2009 (60)
  • December (5)
    • Getting SSD Even If You Can Work
    • Health Insurance For Children
    • Health Insurance For Children
    • Settling With CIGNA
    • Avoiding An Improper Consultative Exam
  • November (5)
    • Multiple Sclerosis
    • Protective Filing Dates
    • SSD Delays
    • Reopening Past SSD Denial
    • ALJ Strauss’ Reliance On ME Cohen’s Testimony Proves She Is Biased
  • October (7)
    • Listed Impairments
    • Multiple Medical Sources
    • Attorney Advisors
    • Avoiding Consultative Examinations
    • Atypical Parkinson’s
    • Chondromalacia
    • Subpoena The SSA Doctor
  • September (3)
    • Prudential Reverses Fibromyalgia STD & LTD Denial
    • ALJ Nisenewitz: Stupid or Biased?
    • LTD & Health Insurance
  • August (3)
    • Teacher Finally Receives SSD Benefits
    • SSA Consultative Examiners
    • Child’s Benefits
  • July (4)
    • Retrospective Medical Opinions
    • Senior Attorney Adjudicators
    • Medical Improvement
    • Fibromyalgia
  • June (4)
    • Chronic Fatigue Syndrome (CFS)
    • Dictionary of Occupational Titles
    • Voluntary Remand
    • Subpoena Denials
  • May (5)
    • Courts Rules CIGNA Is Biased
    • SSD & Taxes
    • ALJ Hoppenfeld Must Be Barred From FMS Cases
    • Don’t Believe Everything You Read
    • On The Record Request
  • April (4)
    • Avoiding SSD Remand Hearing
    • NYCERS Disability Retirement
    • Submitting Medical Records
    • CIGNA Ordered To Pay For Its Actions
  • March (9)
    • Oops, CIGNA’s Done It Again
    • Hearing Office Attorneys
    • Hearing Notice
    • Appeals Council Rebukes ALJ Fier
    • Unsuccessful Work Attempts
    • Medical Assessments
    • Disability & Downsizing
    • Consultative Examinations
    • Obama Disability Benefit
  • February (4)
    • SSI Decisions
    • Responsive Doctors
    • Vocational Experts
    • Multiple Sclerosis
  • January (7)
    • Court Blasts CIGNA LTD Benefit Termination
    • Obama and Social Security Benefits
    • “Fully Favorable” Decisions
    • SSD Secret
    • Notice of Dismissal
    • Initial SSA Decisions
    • Appeals Council Scolds ALJ
  • 2008 (70)
  • December (5)
    • Unum Cases In New York
    • Medical Evidence
    • Prior Applications
    • Disability is Functionality
    • Medical Records & Reports
  • November (5)
    • Depression & OCD
    • Overpayment
    • Medical Specialists
    • Best Medical Evidence
    • Appeals Council Remand
  • October (6)
    • Social Security Files
    • Applicaiton Filing Date
    • Representing Yourself
    • Disabled Voters
    • Vertigo
    • Multiple Impairments
  • September (4)
    • Medicare
    • ALJ Hoppenfeld
    • Fibromyalgia
    • Appeals Council Remand
  • August (8)
    • Myasthenia Gravis
    • More Is Better
    • Disability Benefits & Work
    • SSA Medical Reports
    • Negotiating Disability Benefits
    • Consultative Examinations
    • GMA Exposes CIGNA
    • Work History
  • July (6)
    • Onset and Application Dates
    • Supreme Court Helps LTD Claimants
    • Expediting SSD Cases
    • Two Heads Are Better Than One
    • LTD Litigation
    • Retrospective Medical Opinions
  • June (7)
    • Establishing An Onset Date
    • Field Visit
    • Multiple Attorneys
    • Self Employment
    • Special Accommodations
    • Multiple Disability Benefits
    • Clarifying Objective Evidence
  • May (3)
    • Unum Games
    • Vocational Evidence
    • Credit Disability Insurance
  • April (7)
    • “Fully Favorable” Decisions
    • Treating Sources
    • SSD & Mental Disability
    • Using Vocational Evidence To Expedite Benefits
    • Attorney Adjudicator
    • Past Earnings
    • Benefits Without A Hearing
  • March (3)
    • Objective Evidence
    • Disability Appeals
    • Police Officer
  • February (9)
    • Irrelevant Medical Conditions
    • Establishing Credibility
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    • No Health Insurance
    • Application Dates
    • Possible Delay Remedy
    • Unum Reassessment Loophole
    • Benefits Despite Income
    • Consultative Examinations
  • January (7)
    • “Accentuate The Positive, Eliminate The Negative”
    • Dire Need
    • How To Avoid Hearing Delays
    • Police Disability
    • Seminar
    • Expediting LTD Benefits
    • Uveitis
  • 2007 (58)
  • December (7)
    • TBI and Vocational Evidence
    • Failure To Receive Notice
    • Mental Disorders
    • Inability To Speak English
    • Discovery In ERISA Cases
    • Don’t Be Intimidated By DDS
    • Multiple Sclerosis
  • November (7)
    • Avoiding Hearings
    • Working Does Not Preclude Benefits
    • Be Wary of Forms
    • Exam Secrets
    • SSD for Firefighter
    • Consultative Examinations
    • Purpose of SSD Hearing
  • October (6)
    • Why Wait?
    • Insurance Department Complaint
    • Overreach For Disability Retirement
    • Vertigo
    • No Objective Testing Required for Chronic Fatigue
    • Non-binding Disability Decision
  • September (3)
    • Always Review Your File
    • Vocational Evidence & Credibility
    • The More The Merrier
  • August (5)
    • Always Check The Listings
    • LTD & SSD
    • Avoid Early Retirement
    • Getting Benefits Faster
    • Medical Records & Reports
  • July (3)
    • Discovery in LTD Cases
    • Constant Vigilance
    • Judges Are Fallible
  • June (4)
    • Clerical Mistakes
    • Needless Forms
    • Objective Evidence of Pain
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  • May (2)
    • POMS For Mental Impairment Claims
    • Don’t Be Misled By A Biased Judge
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    • Faster Benefit Approval
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    • Surprise Disability Benefits
  • March (7)
    • Corroborating Physicians
    • Unemployment Benefits
    • Miano v. Barnhart
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    • Arthritis Foundation
  • February (10)
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