Trending...
- Author Releases 7-Day Screen Time Reset for Families as Teachers Worldwide Report Children "Struggling to Grasp Basic Concepts"
- Pittsburgh-Area Author Erica L. Day Releases HER, a Christian Second-Chance Romance and Its Own Comp
- CCHR Leader's 50-Year Fight for Psychiatric Drug Victims Gains National Momentum
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
- New analysis reveals second job workers keep just 80p in every pound they earn
- NRE Health Institute Launches International Study Examining Motivations Behind Non-Sexual Nudity
- American Ethiopian Public Affairs Committee (AEPAC) Applauds Pennsylvania House Recognition of Adwa VictoryDay
- A Foundational Claim in Human Secrecy Goes Public
- Agape Leadership Academy Opens Nationwide Enrollment — State ESA Scholarships Cover Full Tuition for Families in 7 States
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
- Fourth Annual Free Training Day Mid-Atlantic Returns Sept. 19, 2026
- Las Vegas Headliner Don Barnhart Brings National Touring Comedy Show to Comedy Cabana
- Nevada Boxing Hall of Fame Announces 14th Annual Induction Gala Weekend Honoring Classes of 2025 and 2026
- Brosix Celebrates 20 Years of Private Team Messaging for Small and Mid-Sized Businesses
- Top 15 Mosquito-Infested Cities in Louisiana and East Texas Ranked for 2026 Mosquito Season
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
- Philadelphia Scientist Roohid Parast Applies Evidence-Based Research to Elite Personal Fitness
- Boston Industrial Solutions Launches Natron® 348 UV Inkjet Ink for Epson S3200 Print Heads
- Heritage at South Brunswick Unveils Luxury Resort-Style Amenities Designed for Every Generation
- CAPHRA warns push for ASEAN vape ban ignores science
- Your Mortgage Toolbox Launches Free Mortgage Calculators That Show the Real Monthly Payment and Cash Needed to Close
- ENTOUCH Recognized on Inc.'s 2026 Best Workplaces List for the Third Year Running
- P-Wave Classics Opens Pre-Orders for Volume II of Robert Bage's Hermsprong
- Cabinetworks Group announces recipient of 2025 Plant of the Year
- Honesdale Painters Launch Season With Act of Community Kindness
- Tuckwell Machinery Launches New Range of Woodworking Machinery
- A Brave Little Hero with Four Paws
- Pittsburgh-Area Author Erica L. Day Releases HER, a Christian Second-Chance Romance and Its Own Comp
- Revenue Optics Expands Its Private Equity Practice as Sponsors Move Inside Sales to the Center of Distribution Value Creation
- Ecuador Freedom Launches First Scheduled Motorcycle Tour of Northern Peru's Lost Kingdoms
- Lineus Medical Completes Financial Restructuring with KMF Investments- Launching a New Era for SafeBreak
- Neuro Recovery Institute Showcases Emerging Immersive Neuro-Rehabilitation Technology at Clinical Innovation Open House
- Community, Conservation & Waterwise Inspiration Bloom on June 6
- Industrial and systems engineers celebrate key leaders in the field at IISE Annual Conference
- Cosanostra Miami Rises as the Best Latin Nightclub in Miami in Under Two Years From its Opening
- CCHR Leader's 50-Year Fight for Psychiatric Drug Victims Gains National Momentum