The PennZone

  • Home
  • Music
  • Entertainment
  • Marketing
  • Education
  • Non-profit
  • Event
  • Technology
  • Books

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...
  • Heritage at South Brunswick Introduces New Ferndale Floorplan: The Largest Single-Family Home Design in the Community - 207
  • Mumbai Central Farmers Market Launches Community Collective for More Value and Connection
  • KT Medical Staffing Addresses the Questions Families Forget to Ask Before Bringing Private Nursing Care Home
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
  • DuraFast Label Company Launches Seiko SLP850 2" Thermal Printer with Free Label Promotion
  • Scientific Figure Releases Free Layout Template Libraries for Graphical Abstracts and Research Posters
  • Permian Museum announces the addition of an Ancient Alien Artifacts photo gallery
  • Philly Tailgates Announces Full 2026 Eagles Season Schedule, Opening With Back-to-back Events
  • The Golden Jazz Fest Shuttle Returns for 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
  • KeysCaribbean Resorts Offer Savings On Vacations Through Aug. 31, Preview Exceptional Select Fall Rates of Less Than $200/Night
  • Fit Body Boot Camp Launches Nationwide 'Fit Body Forever' Workshops to Help Adults 60+ Rebuild Strength and Prevent Falls
  • Canadian Aerospace Defence Talent Expo (CADTE) Launches National TalentThread Initiative to Strengthen Canada's Future Workforce
  • 5.6 Million EUR in Q1 Project Awards for Integrated IoT Solutions / Data Analytics Subsidiary of Smart City Developer: Affluence (Stock Symbol: AFFU)
  • Merger Advancement For Embodied AI Co in Robotic Systems Serving High Value Hospitality, Gaming & Real Estate Sectors: MBody AI Corp. (NAS DAQ: MBAI)

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
  • Ignazio Arces Wins Stevie® Award for Maverick of the Year at the 2026 International Business Awards
  • SMACK Fighting Championships Debuts a New Sports Concept in Philadelphia
  • Tickeron Highlights AI Trading Agent Performance Across Multiple Market Sectors
  • Stop Bleeding Cash on Mediocre Talent. Build a Powerhouse Remote Team Instead
  • Crownlight Strategies® Announces Federal Trademark Registration
  • New Book Calls 'Sense of Belonging' the Missing Link in Student Success
  • Igbozue Connecticut USA Celebrates 2026 Summer Family Picnic
  • KT Medical Staffing Addresses the Questions Families Forget to Ask Before Bringing Private Nursing Care Home
  • Private Autopsies Give Arizona Families Answers After Nursing Home and Care Facility Deaths
  • Chuckie F. Mahoney Memorial Foundation Awards Nearly $40,000 in School Grants
  • OPUS Global Data Solutions Launches Food Trader Plus, Bringing Operational Control and Deal-Level Profit Visibility to Food Brokers
  • Phinge CEO DeMaio Unveils Speech to Congress: User Data Sovereignty vs Tech Surveillance Capitalism, Asserting Foundational 2021 App-Less Patents & IP
  • Michael Maertens Hired as Century Fasteners Corp. – Chief Financial Officer
  • LATO AI Software Innovations Expedite Inspections & Repair of Parking Lots for The Pavement Group
  • Built to Last: Why BSI Is Among the Nation's Fastest-Growing Companies, and One of Its Best Places to Work
  • Bent Danholm's The Architecture of Demand Reaches No. 2 in Amazon Real Estate Sales
  • Contracting Resources Group Named to Inc. 5000 for the Ninth Time
  • Nola Blue Records to Release John Németh's Illinois Central in March 2027
  • ImagineX Named to 2026 Inc. 5000 List of America's Fastest-Growing Private Companies
  • ASSIST Software Becomes One of the First European Companies Certified to ISO/IEC 42001

Popular on PennZone

  • Heritage at South Brunswick Introduces New Ferndale Floorplan: The Largest Single-Family Home Design in the Community - 207
  • Community Partnership Brings Live Theater to 150+ Young People - 113
  • Martin A. Sumichrast Joins Hawkeye Systems, Inc. as Chairman of the Board - 105
  • Philadelphia Community Invited to Unite for Praise-A-Thon Summer Concert Benefiting Cobbs Creek
  • The J. Wes Project Celebrates 11 Years of Love, Music & Inspiration
  • Allstream Energy Partners Returns as a Media Partner for the 2026 API Inspection & Mechanical Integrity Summit in San Antonio
  • Omnitronics launches Ecosystem Health Dashboard to enable proactive monitoring across dispatch environments
  • Cover Story about Matthew Cossolotto – Author of Harness Your PromisePower -- Published in July 2026 Enterprise World Magazine
  • New Research: Deterministic Decompilation of Hermes Bytecode Back to Readable JavaScript
  • Leeds Billboard Campaign Drives 188% Traffic Uplift as AI Enquiries Rise 266% for Loud! OOH

Similar on PennZone

  • Dana Flanagan Expands the Authority Architect, Bringing a Nontraditional Approach to Executive Authority, Strategic Access and Business Growth
  • DuraFast Label Company Launches Seiko SLP850 2" Thermal Printer with Free Label Promotion
  • 5.6 Million EUR in Q1 Project Awards for Integrated IoT Solutions / Data Analytics Subsidiary of Smart City Developer: Affluence (Stock Symbol: AFFU)
  • Merger Advancement For Embodied AI Co in Robotic Systems Serving High Value Hospitality, Gaming & Real Estate Sectors: MBody AI Corp. (NAS DAQ: MBAI)
  • Crossroads4Hope Marks 25 Years Ensuring No One Faces Cancer Alone At its Inspiring Hope Gala
  • Former Prosecutor Opens Stegall Law in Summerville
  • Stop Bleeding Cash on Mediocre Talent. Build a Powerhouse Remote Team Instead
  • Crownlight Strategies® Announces Federal Trademark Registration
  • New Book Calls 'Sense of Belonging' the Missing Link in Student Success
  • KT Medical Staffing Addresses the Questions Families Forget to Ask Before Bringing Private Nursing Care Home
Copyright © The PennZone | Theme: OMag by LilyTurf Themes
  • Contribute
  • Privacy Policy
  • Terms of Service
  • Contact Us