Proposed ALJ bias settlement would give thousands of disabled New Yorkers new benefit hearings

The ALJs were accused of ignoring medical evidence and legal standards

Many disabled individuals may get their day in court—again—thanks to a proposed settlement that, if approved, will address accusations of hostility and bias against five federal administrative law judges (ALJ) in Queens, New York.

Eight disabled people brought these claims in 2011 against Michael Astrue, the commissioner of the Social Security Administration (SSA), complaining that the five ALJs—David Nisnewitz, Marilyn Hoppenfeld, Seymour Fier, Michael Cofresi and Hazel Strauss—were behind a “brick wall of bias” when they rejected the individuals’ disability benefit claims. The ALJs allegedly disregarded medical evidence and legal standards alike, depriving the plaintiffs of their right to a fair hearing.

The proposed settlement would allow approximately 4,000 people whose claims were rejected by one of the ALJs since 2008 to have new hearings before different ALJs. The accused ALJs would keep their jobs, but would have to be retrained and recertified by the SSA, and would be closely monitored for any signs of misconduct.

Read more at Thomson Reuters.

 

For more InsideCounsel coverage of disabilities, see below:

Labor: Disability law can force employers to discriminate

Disabled people cannot bring employment discrimination claims under ADA’s Title II

ADA requires reassignment as a reasonable accommodation for disabled employees

6th Circuit rules that counseling recommendation violated the ADA

Avoiding ADA liability when dealing with obese workers

Lawyers partner with Equip for Equality to defend disabled peoples' rights

Comments

InsideScoop Daily eNewsletter

InsideScoop delivers the latest-breaking news affecting in-house counsel. Get the latest business trends, current corporate litigation, labor developments, technology initiatives and more — FREE. Sign up now!

You have been subscribed! You will receive a confirmation email soon.

See the entire list of InsideCounsel eNewsletters.

Resource Library


Bring the Benefits of Decision Tree Analysis to Your Everyday...

In this on-demand webinar, learn how to counter the challenges of litigation with predictive analytics...

13 Things to do Now to Reduce Risk and Avoid...

We have developed best practices for lowering your e-Discovery costs, shortening the length of your...

7 Simple Strategies for Improving Legal Fee Budgeting Certainty

Understanding the legal fee budgeting paradigm and following seven simple strategies will help you control...

Complimentary White Paper: Best Practices for Meeting Critical eDiscovery Challenges

Packed with practical advice, this white paper discusses best practices for meeting eDiscovery challenges across...

Complimentary White Paper "Key Considerations for Collection Methodologies and Resources"

This white paper addresses the need for companies to reevaluate their current collection policies in...

Moving Matters In-House: How Technology Enables Legal In-Sourcing

Strategically shifting more matters to in-house counsel has proven to be an effective strategy to...

5 Ways to Promote Responsible Content Sharing

Find out five ways that organizations can promote responsible sharing of content among employees by...

Reducing the Costs of eDiscovery from Collection to Court!

Predictive coding is only one of many ways organizations can make eDiscovery faster, cheaper and...

Discovery Shifts to the Cloud

Adoption of Cloud computing continues to gain momentum. How can IT and Legal Teams avoid...

Lower Your Total Cost of Ownership

With the deployment of Proofpoint Enterprise Archive, organizations have realized significant cost savings in automating...

View All »

Advertisement. Closing in 15 seconds.