Trending...
- Registered Nurse Launches Healthcare Wealth Strategy Practice for Healthcare Professionals - 105
- Actress/Model Raelia Lewis Building a Powerful Name in Entertainment and Fashion
- R&B Artist Mike Davis Announces Debut Full-Length Album Full Circle, Releasing April 7
PHILADELPHIA, Sept. 3, 2020 /PRNewswire/ -- In November of 2017, the federal government admitted to the United States Supreme Court that the nation's Administrative Law Judges (ALJs), who decide disability cases for the Social Security Administration (SSA) and many other matters, were appointed to their positions in a manner that violated the Constitution. Chermol & Fishman, LLC – a leading and highly experienced disability law firm helping disabled persons – notes that for more than seven months thereafter, the federal government chose to allow hearings on these life and death matters to be conducted by ALJs it knew had no legal authority to do so.
The government's willfully unconstitutional actions eventually led to litigation on this issue in various parts of the country. In that litigation, the government has consistently conceded that it violated the constitutional rights of every single one of these disability claimants. But rather than offer relief to them for this violation of their basic rights, the Trump administration has argued that these disability claimants lost their constitutional rights by not specifically asserting them to the illegal ALJ they had appeared before. In other words, even the severely mentally ill and those with very low IQs, who often appear before ALJs unrepresented, must be able to specifically articulate their rights under the Appointments Clause of the Constitution or lose those rights.
By law, disability hearings are both non-adversarial and informal. Social Security Administration (SSA) itself specifically advises disability claimants that their hearings are informal. Indeed, nearly every disability hearing begins with the ALJ informing the claimant that the hearing is "informal." The Trump administration and its attorneys have not yet articulated how disability hearings are the type of "informal" legal proceedings at which people can unknowingly forfeit their constitutional rights.
More on The PennZone
Although the number of cases involved in this litigation is actually very small compared to the overall disability case load, appeals are pending on this issue in nearly every circuit. The first court to rule on the issue was the Third Circuit court of Appeals and it ruled that the disability claimants whose constitutional rights had been violated by SSA were entitled to relief.
The court noted that SSA's rules and regulations contain no provision that individuals lose their constitutional rights by not specifically asserting them at a disability hearing. By contrast, the Eighth and Tenth circuits have sided with the Trump administration, but neither of those courts addressed the informal nature of disability hearings.
Due to the split in the circuits, the Supreme Court is likely to have the final word. There are currently two certiorari petitions pending before the Supreme Court based upon the two cases which claimants lost in the Eighth and Tenth Circuit Courts of Appeal. Whether these specific petitions are granted or not, the Supreme Court is likely to eventually take up the issue.
The result of any eventual Supreme Court decision on this issue will reach well beyond the narrow parameters of any Appointments Clause litigation. If the position of the Eighth and Tenth Circuits is eventually adopted then for the first time in the history of the disability program, there will be a nationwide rule that claimants lose rights which they do not specifically assert at what are supposed to be informal hearings.
About Chermol & Fishman, LLC
More on The PennZone
Chermol & Fishman, LLC is a leading and highly experienced disability law firm helping disabled persons and his/her family members seek disability benefits. You must fulfill the eligibility criteria to seek benefits. This is where we help our clients.
Our Social Security Disability Lawyers have in-depth knowledge of disability law, and we have won prominent settlement amounts for the claimants. David Chermol has more than 20+ years in representing SSDI/ SSI claimants, both at the administrative level and federal courts.
Media Contact:
David F. Chermol, Esq
[email protected]
Tel.: 215-464-7200
Visit Website
Related Images
david-chermol.jpg
David Chermol
Related Links
Disability Lawyers in Philadelphia
Disability for depression
SOURCE Chermol & Fishman, LLC
Related Links
https://myphiladelphiadisabilitylawyer.com
The government's willfully unconstitutional actions eventually led to litigation on this issue in various parts of the country. In that litigation, the government has consistently conceded that it violated the constitutional rights of every single one of these disability claimants. But rather than offer relief to them for this violation of their basic rights, the Trump administration has argued that these disability claimants lost their constitutional rights by not specifically asserting them to the illegal ALJ they had appeared before. In other words, even the severely mentally ill and those with very low IQs, who often appear before ALJs unrepresented, must be able to specifically articulate their rights under the Appointments Clause of the Constitution or lose those rights.
By law, disability hearings are both non-adversarial and informal. Social Security Administration (SSA) itself specifically advises disability claimants that their hearings are informal. Indeed, nearly every disability hearing begins with the ALJ informing the claimant that the hearing is "informal." The Trump administration and its attorneys have not yet articulated how disability hearings are the type of "informal" legal proceedings at which people can unknowingly forfeit their constitutional rights.
More on The PennZone
- InterMountain Announces the Opening of TownePlace Suites Reno
- MAG Magna Corp Targets Trillion-Dollar Opportunity by Tokenizing Rare Earth Assets Critical to AI, EVs, & Defense: MAG Magna Corp.: Stock Symbol: MGNC
- SnapTax Launches AI-Powered Tax Planning Platform for Freelancers and 1099 Workers — Now Free for 90 Days
- A.M. Logging Highlights Essential Landscaping Supplies for Spring Projects in Central Pennsylvania
- Congressional Roundtable Exposes Mental Health Crisis: More Spending and Treatment, Worse Results – CCHR Demands Accountability
Although the number of cases involved in this litigation is actually very small compared to the overall disability case load, appeals are pending on this issue in nearly every circuit. The first court to rule on the issue was the Third Circuit court of Appeals and it ruled that the disability claimants whose constitutional rights had been violated by SSA were entitled to relief.
The court noted that SSA's rules and regulations contain no provision that individuals lose their constitutional rights by not specifically asserting them at a disability hearing. By contrast, the Eighth and Tenth circuits have sided with the Trump administration, but neither of those courts addressed the informal nature of disability hearings.
Due to the split in the circuits, the Supreme Court is likely to have the final word. There are currently two certiorari petitions pending before the Supreme Court based upon the two cases which claimants lost in the Eighth and Tenth Circuit Courts of Appeal. Whether these specific petitions are granted or not, the Supreme Court is likely to eventually take up the issue.
The result of any eventual Supreme Court decision on this issue will reach well beyond the narrow parameters of any Appointments Clause litigation. If the position of the Eighth and Tenth Circuits is eventually adopted then for the first time in the history of the disability program, there will be a nationwide rule that claimants lose rights which they do not specifically assert at what are supposed to be informal hearings.
About Chermol & Fishman, LLC
More on The PennZone
- Attorney Joseph C. Kreps Files Lawsuit to Stop Alabama State Board of Pharmacy's Unlawful "Revenue-First" Rulemaking
- NAIDOC Week Australia 2026 | 50 Years Deadly - Celebrates Culture, Resilience, and Global Connection
- Solo Researcher Builds Three Novel AI Architectures From Scratch, Including Post-Transformer Model
- JBlair Communications Launches "NextLevel Spotlight" to Elevate High School/Collegiate Athletes
- R&B Artist Mike Davis Announces Debut Full-Length Album Full Circle, Releasing April 7
Chermol & Fishman, LLC is a leading and highly experienced disability law firm helping disabled persons and his/her family members seek disability benefits. You must fulfill the eligibility criteria to seek benefits. This is where we help our clients.
Our Social Security Disability Lawyers have in-depth knowledge of disability law, and we have won prominent settlement amounts for the claimants. David Chermol has more than 20+ years in representing SSDI/ SSI claimants, both at the administrative level and federal courts.
Media Contact:
David F. Chermol, Esq
[email protected]
Tel.: 215-464-7200
Visit Website
Related Images
david-chermol.jpg
David Chermol
Related Links
Disability Lawyers in Philadelphia
Disability for depression
SOURCE Chermol & Fishman, LLC
Related Links
https://myphiladelphiadisabilitylawyer.com
Filed Under: Business
0 Comments
Latest on The PennZone
- $16 Billion Market by 2034 in Underwater Drones Presents Huge Opportunity for AI-Powered Autonomous Vehicle Serving Defense & Commercial Customers
- Appliance EMT Named Among Jacksonville's Top 3 Appliance Repair Companies by ThreeBestRated®
- The Scratch-Off Dead Zone - is your state lottery failing?
- Geekstorians Nominated For Best History Podcast In The 30th Annual Webby Awards
- Quality Water Treatment Unveils SoftPro Elite HE Water Softener for City Water, Setting a New Standard in Residential Water Treatment
- UK Financial Ltd Chooses PUMP.FUN App to Launch Maya Meme's Minor-League Meme Coins and Announces Lifetime Airdrop Program
- Boston Industrial Solutions Expands Its Industry-Leading UV Ink Portfolio with the Launch of a Matte Ink - Natron® UVPZ
- The Eichelberger Performing Arts Center Announces 6 Youth Summer Camps
- Feldman Shepherd's Ezra Wohlgelernter Honored by SeniorLAW Center for Two Decades of Service
- Century Fasteners Corp. Exhibiting at 2026 MRO Americas Show – April 21-23, 2026 – Booth #2257
- Blue Sparrow Coffee named Best Matcha in Westword's Best of Denver 2026
- Ocean County College Introduces Pathways to Simplify the Student Journey and Strengthen Career Connections
- Kiko Nation Expands to Apple App Store, Achieving Full Mobile Deployment for Livestock Digital Registry Platform
- The Lawyers' Marketer Launches Claude AI Implementation Service for Law Firms
- Certified Trading Card Association and Collectors MD Launch Healthy Hobby Initiative
- Actress/Model Raelia Lewis Building a Powerful Name in Entertainment and Fashion
- L2 Aviation Earns FAA STC for Thales AVIATOR 200S for Boeing 777
- Pittsburgh-Based Phoinix Events Selected as Vendor for NFL Draft
- FinIQ Edu Launches High-Impact Workshop Vertical to Close the Workplace Benefits Gap—Drives 82% Surge in 401(k) Participation Intent
- HousingWire launches Mortgage Rankings, bringing a data-driven benchmark to originator performance