The PennZone

  • Home
  • Non-profit
  • Music
  • Marketing
  • Books
  • Entertainment
  • Health
  • Automotive
  • Business

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...
  • LS2 Partners with Angels Of Dirt's "Next Chapter Racer" Series Celebrating Women and Girls in Motorsports
  • Jacombs Tickets Partners with UEFA to Offer Champions League Tickets
  • Timbrana Helps General Contractors Improve Jobsite Visibility and Subcontractor Accountability
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
  • Keystone Consulting Engineers Marks Next Chapter of Growth with Refreshed Brand
  • AutoProIT Achieves Cyber Essentials Certification, Reinforcing Its Commitment to Secure Digital Transformation
  • DayPass llega a ChatGPT y Claude
  • DayPass launches in ChatGPT and Claude
  • Renkeer Water Quality Sensors Support Efficient Operation of AI Liquid Cooling Systems

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
  • Victor Archibong Expands ItsArchiDuh Creator Brand
  • Talented Learning Unveils 2026 LMS Award Winners
  • Pittsburgh Digital Marketing Agency Moves to Babcock Boulevard in the North Hills
  • ClearSight Therapeutics Receives U.S. Patent Notice of Allowance
  • Revinate launches hospitality's first data activation platform

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
  • LS2 Partners with Angels Of Dirt's "Next Chapter Racer" Series Celebrating Women and Girls in Motorsports
  • Danish company biosuite introduces biotech procurement software to track outsourced R&D commitments
  • Ten Ten Ten Announces Alento, Its Initiative to Help Independent Primary Care Thrive
  • JFAB Consulting to Celebrate New Brand with Private VIP Event at Acrisure Stadium
  • Industrial & systems engineering educator and professional to lead global strategic partnerships for professional society
  • Convergence of AI, Wearable Technology, Remote Patient Monitoring and Real-World Healthcare: PomDoctor Ltd. (N A S D A Q: POM)
  • Timbrana — Construction Project Awareness Software for General Contractors
  • Service Guys Urges Ontario Homeowners to Book Chimney Cleaning and WETT Inspections Before the 2026 Heating Season
  • WOWX Completes Its Transition from CEX to Decentralized Derivatives Infrastructure
  • HSS Medical Supply Celebrates One-Year Anniversary of Its Top Performing Sales Team
  • Jacombs Tickets Partners with UEFA to Offer Champions League Tickets
  • Corner Property Management Awarded Management Contract with Clock Towers Condominium Association
  • WebDrafter Welcomes Honey in the Hollow as a New Marketing Client
  • Geospatial Innovation Comes to Sacramento: FOSS4G NA 2026
  • Tulsa Air & Space Museum Launches "Give $16 for the F-16" Challenge to Bring Thunderbird Home for Veterans Day
  • Hannk And Zubie Join Forces To Shape The Next Generation Of Connected Vehicle Telematics
  • Coinfiliate Launches Platform to Helps Shoppers Earn Cashback and Creators Earn Referral Rewards
  • Champions for Education to Honor United Way of the Greater Lehigh Valley and Induct Three Leaders
  • Holiday Gambling Spending Expected to Rise 12% in December
  • RAS AP Consulting Issues National Compliance Alert and Launches Q4 2026 AP Readiness Program Ahead of IRS FIRE → IRIS Cutover

Popular on PennZone

  • Dion Abadi Publishes Free Collector Tips Hub for Art and Jewelry Buyers - 114
  • UVIFY Brings Advanced Autonomous Systems Research to IROS 2026 in Pittsburgh
  • Subject matter experts: Present your ideas at IISE Annual Conference 2027 in Louisville
  • New Metallized PE Film from Pregis Brings Recyclability to High-Barrier Food Packaging at Pack Expo International in Chicago
  • Can Government Operate Better Through Innovation?
  • Gary Bernstein Expands Media Leadership Role With Senior Strategic Advisor Appointment To Blacksun Private Equity
  • Her Song Lives On: Remembering Mrs. Darlene Davis Porter
  • Most Indiana Plane Crashes Happen Away from the State's Major Airports
  • World-Renowned Body Language Expert Mark Bowden Headlines INSPIRE Northwest 2026 in Wenatchee, WA
  • Curtis Salgado shares a love letter to the city of Chicago and Otis Rush with new single

Similar on PennZone

  • UK Financial Ltd Announces Two-for-One Upgrade of Maya 3 to Maya 3G Token Using Chainlink Cross-Chain Technology
  • Critical FDA Milestone much Closer as Preservative-Free Ketamine Review Advances: NRx Pharmaceuticals (N A S D A Q: NRXP)
  • AutoProIT Achieves Cyber Essentials Certification, Reinforcing Its Commitment to Secure Digital Transformation
  • Talented Learning Unveils 2026 LMS Award Winners
  • Meta Partnership Expanding as Omni One Orders Surge 3X -New Consumer Bundles, Defense Opportunities & AI Robotics: Virtuix Holdings: N A S D A Q: VTIX
  • Acuvance Survey Finds ERP Integration Remains a Key Challenge as Healthcare Organizations Prepare for AI
  • Constantine "Costa" Kapothanasis II Acquires The Lubri-Loy Company, Carrying a 77-Year-Old American Lubricant Brand Into Its Next Era
  • JFAB Consulting to Celebrate New Brand with Private VIP Event at Acrisure Stadium
  • Industrial & systems engineering educator and professional to lead global strategic partnerships for professional society
  • Convergence of AI, Wearable Technology, Remote Patient Monitoring and Real-World Healthcare: PomDoctor Ltd. (N A S D A Q: POM)
Copyright © The PennZone | Theme: OMag by LilyTurf Themes
  • Contribute
  • Privacy Policy
  • Terms of Service
  • Contact Us