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Friday, May 28th, 2010
EAJA Fees
Senior Judge Arthur Spatt awarded $10,868.60 in fees today under the Equal Access to Justice Act (“EAJA”) due to
Administrative Law Judge (“ALJ”) Iris Rothman’s unjustifiable conduct. ALJ Rothman denied the claimant’s application for Social Security Disability (“SSD”) benefits twice. Each time the Court and Appeals Council rejected ALJ Rothman’s decision.
At the claimant’s third hearing, ALJ Seymour Rayner approved the claimant’s SSD application. I then asked Judge Spatt to award attorney fees under EAJA. The SSA argued that I was not entitled to attorney fees following ALJ Rothman’s second hearing because ALJ Rayner had considered new evidence.
Judge Spatt rejected the SSA’s argument, holding that just because ALJ Rayner considered new evidence did not mean that ALJ Rothman’s conduct at the second hearing was reasonable. To the contrary, Judge Spatt ruled that ALJ Rothman acted unreasonably in refusing to consider a new report containing the opinion of the claimant’s treating doctor, which was necessitated after ALJ Rothman had lost the report containing the doctor’s original opinion. Previous Next
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- SSA Continues Prejudicial Policy
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- SSA INTENTIONALLY INCREASING DELAYS
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- Mental Health Records
- CROM Testing
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- IMA Evading Law Again
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- 28 Months For Approval
- SSD With No Hearing
- State Agency Analyst Lied
- Social Security Backlog
- Social Security Backlog
- Chronic Fatigue Syndrome Renamed
- Go Figure
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- Sadistic IMA Conduct
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- Biased SSA Review Policy
- Pseudarthrosis
- Proper Hearing Notice
- Video Taping Consultative Examination
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- Autoimmune Hepatitis
- Establishing Mental Disability
- Unum Reapproval
- Medicaid Disability Determinations
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- Benefits Turned On Vocational Error
- SSA Staff Attorneys
- Disability Benefits While Working
- Scleroderma
- Agoraphobia
- Padro Deadline
- State Agency Reports Misrepresentations
- Amending Onset To Avoid Hearing
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- Brugada Syndrome
- Disabling Mitral Valve
- SSA Secret Rule
- The Electronic Claims Analysis Tool (eCAT)
- If You Die Before Benefits Are Approved
- Media Deception
- CIGNA Reverses STD & LTD Decisions
- Disabling Sleep Apnea
- Padro Settlement Agreement A Joke
- Appealing Partially Favorable Decisions
- Social Security in the News
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- Reopening Prior Application
- Wegener's Granulomatosis
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- Reviewing An Employer’s Work Description
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- Off Task
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- Fully Favorable Decisions
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- Risky Side Effects
- ALJ Strauss Claimants
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- Social Security Form DDD-3883
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- Illusory Unum Approval
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- Appeals Council Remands
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- The Office of Medical and Vocational Expertise
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- Patchogue Ineptitude
- Emphasizing Work History
- Reopening Disability Applications
- What is NY Waiting For?
- When Objective Evidence Isn't Enough
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- Bench Decision
- Hearing Avoided
- Disability Pension Award From Union
- IMA Exams In New York
- AARP On SSD
- How Much Will Social Security Pay You?
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- Why Bother With An Exam By IMA?
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- Hoppenfeld Bias
- Veteran Gets SSD for Memorial Day
- Vocational Evidence
- Establishing Mental Disability
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- 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
- Impaired Use of Hands
- Representative Payee
- Onset Appeal
- Amending SSD Onset Date
- State Agency Vocational Experts
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- Alport Syndrome
- David Nisnewitz Found Unfit To Be ALJ Again
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- Medical Source Statements
- Podiatrists and Disability Benefits
- Retaining Social Security Experts
- Transparent Hoppenfeld Bias
- 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
- Veterans Medical Source Statements
- Disabled by Schizophrenia
- Receiving SSD Benefits and an Income
- Vocational Credibility
- SSD For Police Officer
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- Appeals Council Doltishness
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- Can You Receive SSD If You Have Income?
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- Multiple Impairments
- Adverse Evidence
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- Was A Video Hearing Needed?
- NOSSCR Conference
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- Expediting Disability Benefits
- Multiple sclerosis
- Date Last Insured
- Radiculopathy
- Videoconference Hearings
- Expediting Disability Benefits
- Patchogue Incompetence
- Federal Court Decision
- Union Disability Approved
- SSA Notice of Awards
- SSA Doctors
- Protective Filing Date
- SSA Delays
- On The Record Requests
- Dialysis & Disability
- Disability Opinions & Medical Tests
- LTD and SSD
- CIGNA Sued For Surveillance
- Attorney Advisors
- Social Security Doctors
- Unum Reverses Termination
- Electronic Records Express
- Multiple Impairments
- Income Doesn't Bar Disability Benefits
- Celiac Disease
- Proving Disabling Pain
- EAJA Fees
- IMA Disability Services
- Self Employment
- Medical Listing Opinions
- Treatment Records
- Avoiding SSD Hearings
- Federal Court Remand
- The MTA & SSD
- When Work Doesn’t Count
- 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
- EAJA Fees
- Stroke
- New Jersey District Court Remand
- District Court Remand
- ALJ Hoppenfeld Overtly Acts Biased
- Veterans
- NYCERS & SSD
- 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
- Consultative Examinations
- New Office
- Complaining About Biased ALJs
- IMA Disability Services
- Multiple Impairments
- NYCERS
- Primary Care Physicians
- Social Security Rulings
- Anxiety
- Fibromyalgia
- Retrospective Medical Opinion
- Disability For Federal Employees
- The Grids
- Chronic Fatigue Syndrome
- Adult Disabled Children
- Charcot-Marie-Tooth
- 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
- SSD Delays
- 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
- Chondromalacia
- Subpoena The SSA Doctor
- Prudential Reverses Fibromyalgia STD & LTD Denial
- ALJ Nisenewitz: Stupid or Biased?
- LTD & Health Insurance
- 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
- Avoiding SSD Remand Hearing
- NYCERS Disability Retirement
- Submitting Medical Records
- CIGNA Ordered To Pay For Its Actions
- 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
- 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
- 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
- Disability Benefits & Work
- SSA Medical Reports
- Negotiating Disability Benefits
- Consultative Examinations
- GMA Exposes CIGNA
- Work History
- Onset and Application Dates
- Supreme Court Helps LTD Claimants
- Expediting SSD Cases
- Two Heads Are Better Than One
- LTD Litigation
- Retrospective Medical Opinions
- Establishing An Onset Date
- Field Visit
- Multiple Attorneys
- Self Employment
- Special Accommodations
- Multiple Disability Benefits
- Clarifying Objective Evidence
- “Fully Favorable” Decisions
- Treating Sources
- SSD & Mental Disability
- 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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