Disability Advocacy Program

Persaud v. Commissioner of Soc. Sec., 2023 WL 7211823 (2d Cir. Nov. 2, 2023) (Bowes) – court remanded based on ALJ’s failure to consider the “Burgess” factors – including the frequency, length, nature, and extent of the treatment and the medical evidence supporting the opinion of the plaintiff’s treating physician – when evaluating the opinion […]

In its first published opinion since 2022, the Court of Appeals for the Second Circuit has issued a detailed precedential decision remanding for consideration of the C criteria of Mental Impairment Listing 12.04. In addition to addressing the C criteria that are all too rarely considered, the court offers what could be helpful language on […]

The Social Security Administration (SSA) has revised its rules for setting the manner of appearance or parties and witnesses at hearings. The changes clarify the specific types of appearances for hearings, and the need for objections for video and audio hearings; opting-in is required only for online video hearings to be scheduled. The final rule […]

On August 14, 2024, the Social Security Administration (SSA) released its 2024 Action Plan, a report that outlines close to 30 of the agency’s initiatives and priorities for the year, broken down by 18 “quick wins” and 158 “leading actions.” Many of the initiatives are projects that have been undertaken at the urging of advocates. […]

The Social Security Administration (SSA) announced a cost-of-living (COLA) increase for over 70 million Americans earlier this month. See SSA’s Fact Sheet with the new amounts. Recipients of Social Security and Supplemental Security Income (SSI) benefits will see a 2.5 percent increase in 2025. The monthly SSI benefit rate for individuals will increase from $943 […]

In another change aimed at streamlining the Supplemental Security Income (SSI) program and reducing SSI underpayments, the Social Security Administration (SSA) has loosened its policies for expediting the issuance of SSI installment payments. When a claimant requests an expedited issuance of an installment based on financial need, SSA will no longer require documented proof of […]

The New York Legal Assistance Group (NYLAG) recently obtained several notable Social Security Administration (SSA) policies via Freedom of Information Act (FOIA) requests, adding to a collection of several prior FOIA responses of important Program Operations Manual System (POMS) that are now being made publicly available. Most recently, NYLAG obtained in September 2024 the current […]

On September 5, 2024, the Social Security Administration (SSA) announced it was removing “wet” physical signature requirements for many forms and allowing claimants to use digital signatures instead. A “wet” signature with ink on paper will no longer be required for over 30 forms, comprising about 90% of the most commonly used forms, including the […]

Is your office receiving more calls once again from clients who have received a notice of continuing disability review (CDR)? The Social Security Administration (SSA) announced recently that it is resuming its processing of CDRs. As reported in our last issue, SSA had halted its workload of CDRs beginning June 20, 2024 through the end […]

Persaud v. Commissioner of Soc. Sec., 2023 WL 7211823 (2d Cir. Nov. 2, 2023) (Bowes) – court remanded based on ALJ’s failure to consider the “Burgess” factors – including the frequency, length, nature, and extent of the treatment and the medical evidence supporting the opinion of the plaintiff’s treating physician – when evaluating the opinion […]