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Sunday, March 20th, 2011
ALJ Strauss Reversed Again
This is a follow up to my January 26, 2011 post entitled “Does ALJ Strauss Try To Get Reversed?”. That post discussed how the federal courts are continually reversing the Social Security Disability (“SSD”) decisions of Administrative Law Judge (“ALJ”) Hazel Strauss. In short, I discussed how the decisions of U.S. district court judges reveal that Strauss has exhibited a practice and pattern of denying SSD claims by failing to comply with applicable rules and regulations.
Not surprisingly, the latest reported decision involving Strauss is yet another reversal. In Pluck v. Astrue, 2011 WL 917654 (E.D.N.Y. Mar. 9, 2011), U.S. District Court Judge Gleeson rejected Strauss’ decision, which followed the same practice and pattern of improperly rejecting and discrediting the opinions of treating physicians and testimony of claimants while improperly relying on medical expert’s testimony. Judge Gleeson ruled that Strauss selectively cherry picked evidence and cited only that evidence that contradicted the claimant’s case; ignored evidence that supported the claimant’s case; and misconstrued ambiguous evidence against the claimant. To make matters even worse, Judge Gleeson also found that Strauss violated the rules and regulations by rejecting the treating physicians’ opinions without contacting them, and relied on isolated events as an excuse to reject the claimant’s credibility. Notably, consistent with Strauss’ practice and pattern of wrongly denying claims, Judge Gleeson ruled that Strauss blindly adopted the testimony of the medical expert without explanation.
Why is it that federal district court judges keep rejecting Strauss decisions? According to Social Security’s latest disposition data, Strauss approved only 6 out of 60 cases. The national approval average for ALJs is in the 60% range, which is 600% higher than Strauss’ approval rate. This statistical data along with the federal court reversals showing that Strauss continues to violate the same rules and regulations is evidence that ALJ Strauss is biased against claimants or lacks a fundamental understanding of the rules and regulations.
In light of the statistics and federal court decisions, why hasn’t Social Security required Strauss to go for special training? How low does an approval rate have to be before action is taken? Does Social Security investigate an ALJ like Strauss when an approval rate is so aberrant, or where federal court decisions show that the ALJ repeatedly violates the same rules and regulations? While it appears that Social Security has not taken any action regarding these questions, it has seen fit to send me a threatening letter merely for raising these issues.
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- Primary Care Physicians
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- Retrospective Medical Opinion
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- The Grids
- Chronic Fatigue Syndrome
- Adult Disabled Children
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- Depression and Anxiety
- RSD/CRPS
- Getting SSD Even If You Can Work
- Health Insurance For Children
- Health Insurance For Children
- Settling With CIGNA
- Avoiding An Improper Consultative Exam
- Multiple Sclerosis
- Protective Filing Dates
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- Reopening Past SSD Denial
- ALJ Strauss’ Reliance On ME Cohen’s Testimony Proves She Is Biased
- Listed Impairments
- Multiple Medical Sources
- Attorney Advisors
- Avoiding Consultative Examinations
- Atypical Parkinson’s
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- Don’t Believe Everything You Read
- On The Record Request
- Avoiding SSD Remand Hearing
- NYCERS Disability Retirement
- Submitting Medical Records
- CIGNA Ordered To Pay For Its Actions
- Oops, CIGNA’s Done It Again
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- Hearing Notice
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- Unsuccessful Work Attempts
- Medical Assessments
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- Consultative Examinations
- Obama Disability Benefit
- Court Blasts CIGNA LTD Benefit Termination
- Obama and Social Security Benefits
- “Fully Favorable” Decisions
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- Notice of Dismissal
- Initial SSA Decisions
- Appeals Council Scolds ALJ
- Unum Cases In New York
- Medical Evidence
- Prior Applications
- Disability is Functionality
- Medical Records & Reports
- Social Security Files
- Applicaiton Filing Date
- Representing Yourself
- Disabled Voters
- Vertigo
- Multiple Impairments
- Myasthenia Gravis
- More Is Better
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- SSA Medical Reports
- Negotiating Disability Benefits
- Consultative Examinations
- GMA Exposes CIGNA
- Work History
- Onset and Application Dates
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- Expediting SSD Cases
- Two Heads Are Better Than One
- LTD Litigation
- Retrospective Medical Opinions
- Establishing An Onset Date
- Field Visit
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- Special Accommodations
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- Clarifying Objective Evidence
- “Fully Favorable” Decisions
- Treating Sources
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- Using Vocational Evidence To Expedite Benefits
- Attorney Adjudicator
- Past Earnings
- Benefits Without A Hearing
- Irrelevant Medical Conditions
- Establishing Credibility
- Medical Updates
- No Health Insurance
- Application Dates
- Possible Delay Remedy
- Unum Reassessment Loophole
- Benefits Despite Income
- Consultative Examinations
- “Accentuate The Positive, Eliminate The Negative”
- Dire Need
- How To Avoid Hearing Delays
- Police Disability
- Seminar
- Expediting LTD Benefits
- Uveitis
- 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
- Avoiding Hearings
- Working Does Not Preclude Benefits
- Be Wary of Forms
- Exam Secrets
- SSD for Firefighter
- Consultative Examinations
- Purpose of SSD Hearing
- Why Wait?
- Insurance Department Complaint
- Overreach For Disability Retirement
- Vertigo
- No Objective Testing Required for Chronic Fatigue
- Non-binding Disability Decision
- Always Check The Listings
- LTD & SSD
- Avoid Early Retirement
- Getting Benefits Faster
- Medical Records & Reports
- Corroborating Physicians
- Unemployment Benefits
- Miano v. Barnhart
- Benefits Despite Working
- Work History Credibility
- Reflex Sympathetic Dystrophy
- Arthritis Foundation
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