The PennZone

  • Home
  • Non-profit
  • Education
  • Technology
  • Entertainment
  • Business
  • Construction
  • Health
  • Marketing

Chermol & Fishman, LLC: The Trump Administration Argues That Unrepresented Severely Mentally and Intellectually Disabled Individuals Must Specifically Articulate Constitutional Challenges or Lose Their Constitutional Rights
The PennZone/10081925

Trending...
  • Qscription Technologies Appoints Radiology Industry Veteran Elliot Silverman to Advisory Board
  • Studica Robotics Supports Robotics Training Camp for WorldSkills Shanghai 2026
  • CCHR: Congressional Hearing Revives Lessons from MKULTRA Era – Why Past Psychiatric Human Rights Abuses Demand Vigilance Today
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
  • Former Judge Chris Oldner Honored as Best Lawyer by "D Magazine" for 6th Straight Year
  • Missouri Hemp Businesses File Federal Lawsuit Challenging HB 2641
  • Boston Industrial Solutions Launches New Citrine® SA1-370 Silicone Glue for Permanent Adhesion
  • Northeast Airlines Launches New Asset Management Group
  • AI Visibility Labs LLC - Dallas Texas - July 16 2026

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
  • NextBoat's AI-Powered Marine Marketplace Gains Momentum as Record Growth Signals an Inflection Point for Investors (N Y S E American: NXB)
  • ET&T Adds Senior Technical Voice Engineer to Strengthen Local Team
  • Stepping Off the Grid: Savista Retreat Announces New Experiential Packages in Jaipur for Travellers
  • Where Is Your Faith The Movie and Sountrack
  • Bynn Intelligence Ranks #1 in NIST Child Online Safety Evaluation for Ages 13–16

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

Show All News | Disclaimer | Report Violation

0 Comments
1000 characters max.

Latest on The PennZone
  • Alcom Printing Achieves SGP Recertification
  • John Marc Rittle Receives Pennsylvania's Most Influential Leaders Award
  • Appliance EMT Expands Built-In and Walk-In Refrigerator Service in Metro Atlanta
  • LawProactive Launches SB 37-Compliant Attorney Marketing Software With Exclusive City Territories Across California
  • Cogs and Marvel expands EMEA leadership team for next phase of growth
  • Beat the Philly Heat: Mid-July AC Boost
  • Dave Freer's "Storm-Dragon" Wins First-Ever Prometheus Special Award For Young Adult Fiction
  • T. Jones Group Celebrates Two Wins and Multiple Project Nominations at the 2026 HAVAN Awards
  • Studica Robotics Supports Robotics Training Camp for WorldSkills Shanghai 2026
  • Lineus Medical Renews Agreement with Vizient, Delivering Enhanced Value for Vizient Members
  • Pittsburgh Divorce Attorney Candice L. Komar Elected Chair of PBA Family Law Section
  • Grace Montessori School Receives $30,000 from Payne Foundation and $12,000 from Trexler Trust to Sup
  • Qscription Technologies Appoints Radiology Industry Veteran Elliot Silverman to Advisory Board
  • Search Is Broken. Curated Discovery Is the Future
  • 20 Ways to Save Money Running a Van
  • How Fortress Law Group Turned a DUI Arrest in Ohio Into a Full Acquittal at Trial
  • Breaking the Silence: Tour Sparks National Conversation on Men's Mental Health and Domestic Abuse
  • Mr. Hospital Bed Helps Home Care Buyers Find the Right Hospital Bed
  • New School Announces Student Enrollment
  • Able Rooter Expands Services to Offer Premium Water Heater Installation Across St. Louis

Popular on PennZone

  • Together We Thrive: Kingdom Life Health & Career Fair Unites Faith, Wellness and Opportunity
  • Proper Sky Named to the 2026 MSP 501
  • Sylvester Anthony III Introduces His Artist Journey with Debut Single "Cherish"
  • Christmas Miracle Chronicles - New movie coming up this holiday season !
  • Slotozilla Introduces a Centralized Resource for World Cup Bonus Offers
  • Boston Industrial Solutions Introduces High-Performance Primer for Bonding Liquid Silicone to Epoxy
  • Why More Phoenix Families Are Turning to Private Autopsy Services for Answers
  • TURRENTINE: A Family Legacy United Through Music
  • Dentists launch independent platform to help practices choose the right technology
  • Webtronix Designs Web Agency Launches "LocalFind" to Revolutionize AI Local SEO for Local Businesses

Similar on PennZone

  • Martin A. Sumichrast Joins Hawkeye Systems, Inc. as Chairman of the Board
  • Northeast Airlines Launches New Asset Management Group
  • AI Visibility Labs LLC - Dallas Texas - July 16 2026
  • NextBoat's AI-Powered Marine Marketplace Gains Momentum as Record Growth Signals an Inflection Point for Investors (N Y S E American: NXB)
  • Bynn Intelligence Ranks #1 in NIST Child Online Safety Evaluation for Ages 13–16
  • Pacto Medical Wins Red Dot Design Concept Award 2026 for Slimshot® Compact Prefilled Syringe
  • Is the Market Missing One of the Most Undervalued Cybersecurity Companies on the Stock Market? Cycurion, Inc. (N A S D A Q: CYCU):
  • Billion-Dollar Scale Global Technology Powerhouse Being Built with Expanding Government Contracts: Circle8 Group (N A S D A Q: CIRC)
  • Alcom Printing Achieves SGP Recertification
  • Appliance EMT Expands Built-In and Walk-In Refrigerator Service in Metro Atlanta
Copyright © The PennZone | Theme: OMag by LilyTurf Themes
  • Contribute
  • Privacy Policy
  • Terms of Service
  • Contact Us