Judge Mumford anyone?
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Robert Bryan
Jan 18, 2013, 8:33:49 AM1/18/13
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http://newsandinsight.thomsonreuters.com/Legal/News/2013/01_-_January/Bias_settlement_could_give_thousands_new_hearings_on_disability_claims/
Bias settlement could give thousands new hearings on disability claims
1/11/2013 COMMENTS (0)
By Jessica Dye <http://newsandinsight.thomsonreuters.com/Legal/SearchResults.aspx?folder_id=0&search_text=%22jessica+dye%22>
NEW YORK, Jan 11 (Reuters) - Thousands of individuals could receive new hearings on their disability benefit claims as part of a proposed settlement addressing allegations of hostility and bias against five federal administrative law judges in Queens, New York.
The proposed class action settlement, filed Friday in Brooklyn federal court, aims to resolve a 2011 lawsuit accusing the five administrative law judges, or ALJs, of failing to give fair hearings to disabled individuals who appeared before them.
The settlement must be approved by Chief U.S. District Judge Carol Amon.
The complaint was brought against the commissioner of the Social Security Administration, Michael Astrue, by eight disabled individuals whose disability benefit claims were rejected by one of five ALJs -- David Nisnewitz, Marilyn Hoppenfeld, Seymour Fier, Michael Cofresi and Hazel Strauss. They work in the Queens Office of Disability Adjudication and Review, which is part of the Social Security Administration.
The complaint said that the ALJs created a "brick wall of bias" and accused them of systematically ignoring medical evidence, failing to adhere to legal standards and depriving claimants of fair hearings.
A spokesman for the New York Social Security Administration referred a request for comment to the U.S. Attorney's office for the Eastern District of New York. A spokesman for that office declined to comment. The U.S. attorney's office represented the Social Security commissioner in the case.
An attorney representing the plaintiffs, Jim Walden of Gibson Dunn & Crutcher, said the settlement "provides meaningful relief, reform and monitoring to rectify years of disgraceful conduct by these ALJs in Queens."
"Thousands of the most vulnerable New Yorkers will be the better for it," Walden said. "We are grateful that the Social Security Administration decided to embrace relief and reform rather than digging in its heels."
DENIAL RATES
The Queens office has one of the highest denial rates in the country, nearly 49 percent between 2005 and 2009, compared with 19 percent in neighboring Brooklyn, plaintiffs said, citing data from the Social Security Administration.
The plaintiffs sought class status on behalf of all individuals whose claims were fully or partially rejected by one of the ALJs. The original complaint sought either an order barring the named ALJs from presiding over future disability benefit hearings or, in the alternative, new hearings for all affected claimants before different ALJs and a system for keeping tabs on the ALJs to ensure they provided fair hearings in the future.
While the proposed settlement would allow the ALJs to keep their jobs, an estimated 4,000 individuals whose benefit claims were fully or partially rejected by one of the five named ALJs since 2008 would be entitled to new hearings before different ALJs in Queens, according to settlement papers.
The named ALJs would be recertified and retrained by the Social Security Administration, and their decisions would be monitored for any signs of misconduct or legal error.
If a case decided by a named ALJ is remanded during a 30-month monitoring period, the individual whose case was remanded would be automatically entitled to a new hearing before a different ALJ.
Social Security would also be responsible for implementing and enforcing a new policy to address anti-claimant bias.
The case is Padro v. Astrue, U.S. District Court for the Eastern District of New York, no. 11-1788.
For the plaintiffs: Jim Walden of Gibson Crutcher & Dunn and Emilia Sicilia and Ian Feldman of the Urban Justice Center.
For Social Security: Carlotta Wells of the U.S. Department of Justice, Civil Division, and Gail Matthews of the U.S. Attorney's Office for the Eastern District of New York.
Bob
Robert O. Bryan | Nelson, Bryan and Jones
P.O. Box 2309, 1807 Corona Avenue | Jasper, AL 35502
Telephone: 205-387-7777 | Fax 205-384-0659
Bias settlement could give thousands new hearings on disability claims
1/11/2013 COMMENTS (0)
By Jessica Dye <http://newsandinsight.thomsonreuters.com/Legal/SearchResults.aspx?folder_id=0&search_text=%22jessica+dye%22>
NEW YORK, Jan 11 (Reuters) - Thousands of individuals could receive new hearings on their disability benefit claims as part of a proposed settlement addressing allegations of hostility and bias against five federal administrative law judges in Queens, New York.
The proposed class action settlement, filed Friday in Brooklyn federal court, aims to resolve a 2011 lawsuit accusing the five administrative law judges, or ALJs, of failing to give fair hearings to disabled individuals who appeared before them.
The settlement must be approved by Chief U.S. District Judge Carol Amon.
The complaint was brought against the commissioner of the Social Security Administration, Michael Astrue, by eight disabled individuals whose disability benefit claims were rejected by one of five ALJs -- David Nisnewitz, Marilyn Hoppenfeld, Seymour Fier, Michael Cofresi and Hazel Strauss. They work in the Queens Office of Disability Adjudication and Review, which is part of the Social Security Administration.
The complaint said that the ALJs created a "brick wall of bias" and accused them of systematically ignoring medical evidence, failing to adhere to legal standards and depriving claimants of fair hearings.
A spokesman for the New York Social Security Administration referred a request for comment to the U.S. Attorney's office for the Eastern District of New York. A spokesman for that office declined to comment. The U.S. attorney's office represented the Social Security commissioner in the case.
An attorney representing the plaintiffs, Jim Walden of Gibson Dunn & Crutcher, said the settlement "provides meaningful relief, reform and monitoring to rectify years of disgraceful conduct by these ALJs in Queens."
"Thousands of the most vulnerable New Yorkers will be the better for it," Walden said. "We are grateful that the Social Security Administration decided to embrace relief and reform rather than digging in its heels."
DENIAL RATES
The Queens office has one of the highest denial rates in the country, nearly 49 percent between 2005 and 2009, compared with 19 percent in neighboring Brooklyn, plaintiffs said, citing data from the Social Security Administration.
The plaintiffs sought class status on behalf of all individuals whose claims were fully or partially rejected by one of the ALJs. The original complaint sought either an order barring the named ALJs from presiding over future disability benefit hearings or, in the alternative, new hearings for all affected claimants before different ALJs and a system for keeping tabs on the ALJs to ensure they provided fair hearings in the future.
While the proposed settlement would allow the ALJs to keep their jobs, an estimated 4,000 individuals whose benefit claims were fully or partially rejected by one of the five named ALJs since 2008 would be entitled to new hearings before different ALJs in Queens, according to settlement papers.
The named ALJs would be recertified and retrained by the Social Security Administration, and their decisions would be monitored for any signs of misconduct or legal error.
If a case decided by a named ALJ is remanded during a 30-month monitoring period, the individual whose case was remanded would be automatically entitled to a new hearing before a different ALJ.
Social Security would also be responsible for implementing and enforcing a new policy to address anti-claimant bias.
The case is Padro v. Astrue, U.S. District Court for the Eastern District of New York, no. 11-1788.
For the plaintiffs: Jim Walden of Gibson Crutcher & Dunn and Emilia Sicilia and Ian Feldman of the Urban Justice Center.
For Social Security: Carlotta Wells of the U.S. Department of Justice, Civil Division, and Gail Matthews of the U.S. Attorney's Office for the Eastern District of New York.
Bob
Robert O. Bryan | Nelson, Bryan and Jones
P.O. Box 2309, 1807 Corona Avenue | Jasper, AL 35502
Telephone: 205-387-7777 | Fax 205-384-0659
Gar Blume
Jan 18, 2013, 10:44:01 AM1/18/13
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Bob:
Oh now, this makes me think of a couple of others in B’ham ODAR too! Definitely Mumford. Levinson? Merchant?
Gar Blume
Blume & Blume
Attorneys at Law, PC
2804 20th Avenue
Northport, AL 35476
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pbolack
Jan 18, 2013, 11:57:41 AM1/18/13
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Sounds familiar!
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