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Thursday, March 12th, 2009
Appeals Council Rebukes ALJ Fier
I took over a Social Security Disability (“SSD”) claim from another attorney when it had to be appealed to federal court. The federal district court judge remanded the case because the Administrative Law Judge (“ALJ”), Seymour Fier, failed to comply with his obligation to weigh the medical evidence properly, which is common practice for him.
At the second hearing, as is his custom, ALJ Fier again ignored the supporting medical evidence. Additionally, ALJ Fier refused to recuse himself even though he was facing bias charges because his mishandling of the claim followed a practice and pattern of disregarding his legal review duties as a means to deny SSD claims. For example, ALJ Fier was required to subpoena the Social Security doctor for my cross examination, but he refused to do so.
The Appeals Council rejected ALJ Fier’s second hearing decision today. The Appeals Council indicated that ALJ Fier’s misconduct, in particular, his failure to explain the basis for failing to recuse himself, warranted assignment to another ALJ.
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