The PennZone

  • Home
  • Entertainment
  • Music
  • Marketing
  • Books
  • Non-profit
  • Education
  • Artificial Intelligence
  • Health

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...
  • STS Capital Partners is pleased to announce the appointment of Barry Brown as Vice President, Business Development
  • Regcrest LLC Publishes Free 50-State Tax Account Closure Checklist Tool
  • Qscription Technologies and NEOPATHOLOGY CORP. Sign MOU to Bring FDA-Cleared Lung Imaging AI into U.S. Clinical Practice
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
  • Retell AI White Label Platform for Agencies Launched by VoiceAIWrapper, With Branded Client Portals and No Per-Minute Markup
  • FOCUS Names Mark Phillips Senior Vice President of Business Development
  • Notaron Expands Online Notarization Access Following Wisconsin Approval
  • Wings Air Helicopters Selected to Support VIP Transportation for Resorts World in New York
  • Scoop Social Co. Brings Its Signature Mobile Dessert Experience to Houston This October

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
  • The Social Capital Revolution Comes to Phoenix!
  • Lawsuit Alleges American Deli Food Caused Severe Illness, Acute Kidney Failure, And Eight-day Hospitalization
  • FBI/DoW plot uncovered to hurt Trump/Vance through encouraged "widespread" cybersecurity breaches and racketeering theft of $80m in USDA payments
  • Bettingbladet releases H1 2026 report on the Swedish online gambling market
  • Garage door installation or repair in Minnesota? Which makes more sense for your family?

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
Show All News | Disclaimer | Report Violation

0 Comments
1000 characters max.

Latest on The PennZone
  • Shelter Structures America makes European debut at TEMPOR EXPO 2026 in Fulda, Germany
  • The Culture and Travel Report Enters a New Chapter as Travel and Hospitality Brands Take Notice
  • Regcrest LLC Publishes Free 50-State Tax Account Closure Checklist Tool
  • HydroExcavation.com Relaunches With Exclusive Local Service Areas and Dedicated Hydrovac Manufacturer Directory
  • Sky Quarry Enters a Powerful New Chapter: Refinery Restart Emminent, Nevada Oil Initiative and Visibility Put (NAS DAQ: SKYQ) in the Spotlight
  • OneVizion Launches Vera AI, Bringing Connected Operational Context to Infrastructure Teams
  • P-Wave Press Announces Pushing the Wave 2025 by L.A. Davenport
  • DONGSHENG Titanium Recycling: Promoting a Closed-Loop Cycle for High-End Titanium Materials
  • French Camp Academy Releases New Video Inviting Individuals to Consider a Life of Service
  • LET US READ Documentary on Dyslexia and Literacy to Screen at TCL Chinese 6 in Hollywood
  • Defense & Space Strategy Strengthens as New Leadership Builds on NASA Results and Expanding Multi-Orbit Opportunities for Ascent Solar Technologies
  • STS Capital Partners is pleased to announce the appointment of Barry Brown as Vice President, Business Development
  • Qscription Technologies and NEOPATHOLOGY CORP. Sign MOU to Bring FDA-Cleared Lung Imaging AI into U.S. Clinical Practice
  • New Bethany's 35th Annual Souper Day to Spotlight Connection Between Health, Hunger and Housing
  • Heritage at Manalapan Welcomes New Sales Team as Luxury Single-Family Home Community Continues to Grow
  • Mandeville Pests May Pose Serious Health Risks for Your Family
  • A New Tale Band Makes 9/11 Tribute Song "The Twins" Free for Ceremonies and School Programs
  • Share your workplace safety solutions at 2027 Applied Ergonomics Conference
  • Parents No Longer Have to Wait 3 Weeks for a Sleep Consultant: Nora Talks Tonight, Stays for 5 Days, Costs $89
  • May The Worst Team Win! Loserball Kicks Off Another NFL Season of Hilarious Mayhem

Popular on PennZone

  • Benny Turner Revisits Freddie King's Legacy for 50th Anniversary of His Passing - 216
  • Easwe Lightweight Electric Wheelchair Collection with Travel-Focused Mobility Solutions - 192
  • Church Tradition Takes an Unexpected Turn at the Ford Community & Performing Arts Center - 185
  • Master Of Science, Juggernaut Of The Screen: Landon Brittain Emerges As Hollywood's Most Unlikely Leading Man - 179
  • 3ptechies Partners with Coolmuster to Give Away Data Recovery Software Licenses - 166
  • Black Dog Venture Partners and VC Fast Pitch to Host "San Francisco Investors and Innovators" Networking Event - 152
  • FindCostSeg Launches Nationwide Directory for Cost Segregation Providers - 143
  • Ritz-Carlton Residences Houston Generates Strong Early New Construction Sales at 2120 Post Oak Blvd - 141
  • GitKraken Names Jim Shaw CEO as Software Teams Move From AI Adoption to Multi-Agent Orchestration - 136
  • INAD Warriors' 4th Annual "Dancing with the INAD Stars" Gala - 134

Similar on PennZone

  • Retell AI White Label Platform for Agencies Launched by VoiceAIWrapper, With Branded Client Portals and No Per-Minute Markup
  • Notaron Expands Online Notarization Access Following Wisconsin Approval
  • Wings Air Helicopters Selected to Support VIP Transportation for Resorts World in New York
  • Scoop Social Co. Brings Its Signature Mobile Dessert Experience to Houston This October
  • The Social Capital Revolution Comes to Phoenix!
  • Super Rooter Expands to 190 Plumbing, Sewer, and Drain Service Locations Across the United States
  • European Patent for ALS Program Expands the Story: HOPE Deploys Robotic TMS & FDA Commercialization Path Advances: NRx Pharmaceuticals: NAS DAQ: NRXP
  • Congressman Chuck Edwards (NC-11) Presents ReadyCommunities Partnership 2026 National Service Award to Local Businessman / US Air Force Veteran
  • FDA-Cleared Zeta TMS Robotic System Moves Toward Deployment as FDA, DARPA and Commercial Catalysts Converge: NRx Pharmaceuticals (N A S D A Q: NRXP)
  • Baird Medical Turns Global Expansion Into Tangible Growth: N A S D A Q: BDMD Posts 25% Revenue Surge as U.S. and International Markets Accelerate
Copyright © The PennZone | Theme: OMag by LilyTurf Themes
  • Contribute
  • Privacy Policy
  • Terms of Service
  • Contact Us