tag:blogger.com,1999:blog-19246708.post2133006951271300489..comments2024-03-29T02:05:50.350-04:00Comments on Social Security News: They Didn't Take The DareUnknownnoreply@blogger.comBlogger16125tag:blogger.com,1999:blog-19246708.post-2907059952577421122014-08-14T09:04:22.247-04:002014-08-14T09:04:22.247-04:00Comments not directed at the subject matter of the...Comments not directed at the subject matter of the original post will be deleted.Hall & Rouse, P.C.https://www.blogger.com/profile/00164000691557220539noreply@blogger.comtag:blogger.com,1999:blog-19246708.post-76279360302127949492014-08-14T08:59:48.697-04:002014-08-14T08:59:48.697-04:00This comment has been removed by a blog administrator.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-34566247862340598392014-08-14T07:15:02.220-04:002014-08-14T07:15:02.220-04:00Did Mr. Hall read the decision? The 7th circuit ve...Did Mr. Hall read the decision? The 7th circuit very clearly did NOT find that there was good cause. It just remanded to have a finding of whether there was good cause. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-36895270227791968192014-08-13T18:36:53.440-04:002014-08-13T18:36:53.440-04:00This post is factually inaccurate. The 7th Circui...This post is factually inaccurate. The 7th Circuit did not find there was good cause for the late filling or that the claimant gets a hearing. Read the decision, and then read the decision of the District Court if you want to know the real issues. <br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-27115067500351901532014-08-13T17:39:45.784-04:002014-08-13T17:39:45.784-04:005:27..
What does "reps" and TV attorney...5:27..<br /><br />What does "reps" and TV attorneys have to do with the issue at hand?<br />If the firm or attorney fails to show up without good reason and it is a pattern, why not take it to the bar association?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-80337224076585955892014-08-13T17:27:03.969-04:002014-08-13T17:27:03.969-04:00Well, my 3:00 hearing, with the claimant and his w...Well, my 3:00 hearing, with the claimant and his wife present, did not have an attorney present. The claimant called the rep (one of the big TV atty's) and the rep was at another hearing office conducting a hearing. Said they would be in my hearing no later than 4:30. I took another hearing and guess what, the rep never showed. The claimant and his wife both college educated were mightly p.o.'ed. Of course they had never met the guy in person. Of course they will fire the rep and firm and request that they not attempt to get fees when we do have a hearing. And of course said firm will file a fee petition and of course, I will become indignant and deny it. But what a waste of time, place, and effort. P{erhaps they should go to the BAR association to complain about the rep not showing up... Hummmmm.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-75827486223468117182014-08-13T15:59:37.399-04:002014-08-13T15:59:37.399-04:00Attorney, Compassionate allowances, field offices,...Attorney, Compassionate allowances, field offices, blah blah blah. <br />Here are the facts. Under Social Security's regulations, the determination should have been sent to her attorney but it was not. Under Social Security's regulations, the Appeals Council has the duty to oversee the hearings and appeals process – it did not. <br />The appeals council consists of 68 Administrative Appeals Judges, 42 Appeals Officers, and several hundred support personnel. <br />In my opinion, they are accountable to no one. For decades I have heard speakers at conferences tell how to “grab the attention” of the appeals council. What attention? <br />This is absurd. You let SSA get away with not sending out notices and there will be no end to it. Easterbrook does not suffer fools or inept attorneys. However, thank god he takes his job - to allow due process – seriously.<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-67924715269444203642014-08-13T14:52:18.444-04:002014-08-13T14:52:18.444-04:00Our experience has been that the issue is not at t...Our experience has been that the issue is not at the DDS level but at the filed office level. The field office won't process the 1696 before forwarding the appeal to the DDS so no notice is ever generated for the rep when a decision issues.<br /><br />We have started submitting a monthly list to our DDS of all claims we believe should be pending in their office and requesting status. Needless to say they aren't very happy about having to respond regarding 100 plus cases each month. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-72633134029658040842014-08-13T12:52:46.753-04:002014-08-13T12:52:46.753-04:00If the assertion that the claimant did not take an...If the assertion that the claimant did not take any action on the appeal because she thought the attorney would is supported and credible, then the late filing should've been allowed. As an ALJ, I see this scenario over and over again. 99% of the time, the attorney requesting good cause for late filing makes no effort to establish this point. They merely say, "We didn't get the notice of recon" and think that suffices. Granted, it becomes harder to excuse claimant's inactivity the longer the wait, but it is entirely understandable for a claimant to conclude that it is reasonable to have to wait this long for activity on her claim. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-1875789071358598542014-08-13T11:58:52.458-04:002014-08-13T11:58:52.458-04:00While the original attorney erred, it is understan...While the original attorney erred, it is understandable--DDS is terrible at sending out denials to both claimants and attorneys. The processing times are now so long that it's impossible to predict when the denial should have been received. If you call DDS to inquire (if you can get through), you have to deal with a surly bureaucrat.<br /><br />By the way, to win in a malpractice case, you have to prove not just that an error occurred, but that the case would have been won IF NOT FOR THE ERROR! Right now, there is no consistency in the system, and it is anyone's guess as to whether a case has a chance of winning or losing.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-11858067717902068542014-08-13T11:48:03.101-04:002014-08-13T11:48:03.101-04:00Come on, he wasn't keepiong up with the claima...Come on, he wasn't keepiong up with the claimant's case and missed an important date. In most big boy courts I practice in that is a real no-no..Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-1979205211050389232014-08-13T11:36:14.501-04:002014-08-13T11:36:14.501-04:00It's the attorneys fault for not filing compas...It's the attorneys fault for not filing compassionate allowance? And sued for malpractice? Are you familiar with the standards for malpractice? Or are you one of those sheltered attorneys who works in the OGC? Your ignorance is showing. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-53018652261703106702014-08-13T09:37:57.069-04:002014-08-13T09:37:57.069-04:00Come, on, this is the attorney's fault. He sh...Come, on, this is the attorney's fault. He should be sued for malpractice. "Ms. Boley, who was preparing for a double mastectomy at the time." If he had been doing his job, he would have filed for compassionate allowance or at least an OTR and would have had his nose in the case. What was hedoing during this dire time for his claimant. Probably waiting to build up the maximum amount he could win?? Get real. He screwed up and should be blamed.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-68016869186625340092014-08-13T08:53:19.895-04:002014-08-13T08:53:19.895-04:00OGC already blew it on this one. It should have a...OGC already blew it on this one. It should have asked the AC for voluntary remand when the civil action was filed. But they undoubtedly relied on favorable precedent in the Circuit, as the AC itself did on the Request for Review. A fine pickle now, and rather well deserved.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-31184114239233910352014-08-13T08:17:55.136-04:002014-08-13T08:17:55.136-04:00No claimant should rely totally on an attorney. I ...No claimant should rely totally on an attorney. I had an attorney who withdrew after an unfavorable decision. I prosecuted the commissioner. And received a voluntary remand and eventually an award of benefits. I do agree,it was a denial of due process,perhaps without any reasonable grounds?<br /><br />The appeals council is a horrible waste of federal funding and time. What do they do all day? Deny appeal requests?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19246708.post-51360888797514396142014-08-13T07:44:42.114-04:002014-08-13T07:44:42.114-04:00Ballsy attorney to take this up with the only dire...Ballsy attorney to take this up with the only direct precedent against him - he must have anticipated an en banc hearing in the first place. I admire counsel since it is highly unlikely EAJA will be awarded when the only precdent was against the argument made!Anonymousnoreply@blogger.com