Claimants In New York Get Second Chance At Social Security Benefits Following Settlement Agreement with SSA

Five Administrative Law Judges (ALJ’s) from the Queens, New York Office of Disability Adjudication and Review are under fire after issuing what appears to be biased rulings in social security disability cases.

In 2011, a pool of claimants sued the Social Security Administration after receiving unfavorable or partially unfavorable rulings by the Judges named in the lawsuit.

A settlement agreement was officially approved by the United States Eastern District Court of New York this week, finding in favor of those who had been unfairly denied or partially denied benefits.  Evidence reviewed in the case included written comments provided to the court, as well as information obtained from settlement hearings.

New Hearings For Claimants

Over 4,000 claimants can receive new hearings as a result of the settlement.

Brian Mittman, managing attorney of Markhoff & Mittman, one of the oldest social security disability law firms in New York, expressed his satisfaction with the settlement.

“For the individuals that were wrongfully denied benefits at the hearing level, this landmark settlement allows them to receive another opportunity to present their case in front of a different Judge who will hopefully adjudicate the claim properly, fairly and within the framework of Social Security disability laws.”

Scott Daniels, an associate attorney with Markhoff & Mittman, added, “As advocates, we want our client’s allegations to be decided fairly and in accordance with the rules set forth by the Social Security Administration. This settlement agreement allows thousands of class members to have their claim reheard by an impartial Judge.”

Terms Of The Settlement

In addition to new hearings for previous claimants, automatic reviews will also be conducted by the Social Security Administration’s Appeals Council for any new claimants that receive unfavorable decisions by any of the five ALJ’s named in the lawsuit.  Automatic reviews of decisions will cover hearings from October 2013 and continue for 30 months.

ALJ’s will receive additional training and mentorship to improve the ways they conduct and decide upon social security hearings in the future.

Notices for Claimants

According to the Social Security Administration, notices will be sent to eligible claimants by the end of next month. Claimants will have 60 days to request a new hearing once notices are received.

Mittman advises claimants who receive a notice from the Social Security Administration regarding this settlement to contact an attorney as soon as possible for information on how to proceed with their new hearing.

“Any time the ‘system’ can be improved for all parties involved, the better. The future training of judges and monitoring of claims is a good sign that Social Security will seriously consider the importance of these benefits to those less fortunate,” says Mittman.

For more information about this settlement or about the law firm of Markhoff & Mittman, please visit MarkhoffLaw.com or call toll-free (866) 205-2415.