Trending...
- Cold. Clean. Anywhere. Meet FrostSkin
- Kilmaine Saints to Anchor St. Patrick's Day Weekend with Live Album Recording at XL Live
- How Specialized Game Development Services Are Powering the Next Wave of Interactive Entertainment
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
- Workplace safety ideas from the front lines to highlight Applied Ergonomics Conference in Arlington, Texas
- ThoroughCare Appoints New Chief Executive Officer & Chief Growth Officer to Accelerate Expansion
- OpenSSL Corporation Advisory Committees' Elections 2026: Results Announcement
- Zarova Vodka Expands Its Ultra-Premium Spirits Portfolio Through Strategic Acquisitions
- The Legal AI Showdown: Westlaw, Lexis, ChatGPT… or EvenSteven?
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
- François Arnaud, star of Heated Rivalry, is the real-life inspiration behind Christopher Stoddard's novel At Night Only
- UK Financial Ltd Sets February 27 CATEX Debut for VENUS Coin, Opening Limited Early Access Through MayaPro Wallet
- Ice Melts. Clean Water Fails. A Startup Thinks It Has the Fix
- Delay In Federal Disaster Assistance Causing Failure Of Small Business In Disaster Areas
- Capsadyn® Launches on Amazon, Offering Non-Burning Capsaicin Pain Relief
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
- PADT Earns Prestigious 2025 Americas Customer Loyalty Award from Ansys, Part of Synopsys
- Florida Keys Visitors Can Save 15 Percent With KeysCaribbean's Advanced Booking Discount
- Sleep Basil Unveils Revamped Natural Latex Mattress Collection Page for Cooler, Cleaner, Better-Aligned Sleep
- Conexwest Delivers Custom Shipping Container MRI Lab, Saving California Hospital an Estimated $9 Million in Renovation Costs
- Smallville, Sailor Moon, Reno 911! Stars Added To FAN EXPO Philadelphia Lineup, May 29-31
- FDA Meeting Indicates a pivotal development that could redefine the treatment landscape for suicidal depression via NRx Pharmaceuticals: $NRXP
- $2.7 Million 2025 Revenue; All Time Record Sales Growth; 6 Profitable Quarters for Homebuilding Industry: Innovative Designs (Stock Symbol: IVDN)
- Beyond Spots & Dots Commits $50,000 to Penn State University Communications Students
- CCHR: Decades of Warnings, Persistent Inaction; Studies Raise New Alarms on Psychiatric Drug Safety
- PRÝNCESS Builds Anticipation With "My Nerves" — A Girls-Girl Anthem
- Arbutus Medical Raises C$9.3M to Accelerate Growth of Surgical Workflow Solutions Outside the OR
- From Sleepless Nights to Sold-Out Drops: Catch Phrase Poet's First Year Redefining Motivational Urban Apparel
- Cold. Clean. Anywhere. Meet FrostSkin
- How Specialized Game Development Services Are Powering the Next Wave of Interactive Entertainment
- Brain Drain Unlimited Strengthens Legal Advocacy with Advanced Training from Villanova University
- Don't Settle for a Lawyer Who Just Speaks Spanish. Demand One Who Understands Your Story
- Dan Williams Promoted to Century Fasteners Corp. – General Manager, Operations
- Ski Johnson Inks Strategic Deals with Three Major Food Chain Brands
- NIL Club Advances Agent-Free NIL Model as Oversight Intensifies Across College Athletics
- Pallet Company Partners with Internet Marketing Company