Federal Court Decision

National Organization of Social Security Claimants' Representatives (“NOSSCR”) is an association of attorneys who represent Social Security Disability and Supplemental Security Income claimants. The latest edition of NOSSCR’s Social Security Forum, chose my decision in Sergenton v. Astrue, 714 F.Supp.2d 412 (E.D.N.Y. 2010) for publication in its “Selected Cases” section.

Sergenton held that the Social Security Administration had to pay attorney fees because ALJ Rothman acted unreasonably. After losing the report of the claimant’s doctor, which was the basis for the federal court remanding the case, ALJ Rothman refused to contact the doctor or consider the replacement report I submitted from the doctor.