Friday, January 11, 2019

SSA Stay Denied

I represent a plaintiff seeking Social Security Disability (“SSD”) benefits in federal court. Because of the partial government shutdown, the Social Security Administration (“SSA”) asked the court to stay oral argument scheduled for next Monday indefinitely. 

I opposed the stay on the grounds that the SSA attorney is unaffected by the shutdown because the SSA remains fully funded. The SSD hearings that have been scheduled for my clients in the next two weeks have not been stayed. Each day since the shutdown began, my office has conducted business with half a dozen of the SSA’s district offices. The SSA’s Appeals Council has also worked on my clients’ cases since the shutdown began. 

I argued that since SSD hearings are proceeding, and every type of administrative business continues, there is no excuse to delay oral argument any further. The court agreed and denied the stay.

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