Sunday, July 31, 2011

Hoppenfeld Fibromyalgia Bias

On April 22, 2011, I discussed the class action lawsuit that accuses Administrative Law Judges (“ALJs”), including Marilyn P. Hoppenfeld, of bias against Social Security disability claimants. The New York Times article about the class action, and a copy of the class action complaint, can be found on my web page’s Resources tab.

Another disability matter that I have involving ALJ Hoppenfeld concerns a claimant whose disability is based upon fibromyalgia. The courts have told ALJs, including Hoppenfeld, that a medical opinion that a claimant is disabled by fibromyalgia cannot be denied for lack of objective evidence, yet that is exactly what Hoppenfeld did.

In addition to the class action bias allegations, the Regional office of Social Security is investigating charges that ALJ Hoppenfeld is biased against claimants whose applications are based upon fibromyalgia. If you or anyone else is aware of such an instance, I would appreciate learning about it. I would be happy to put you in touch with the Labor Relations Specialist at the Regional Office who is conducting the investigation.

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