Popular on s4story
- Filipino Poet Wins First International Poetry Prize at London's Bermondsey Festival - 102
- Experience Trembling Firsthand with the New AgeMan® Tremor Simulator
- TEDxInglewood Returns to The Miracle Theater on August 9, 2025 — Celebrating Bold Ideas and Community Energy
- Manhattan Boutique Real Estate Collaborates with InterContinental Hotels NYC in a Branding Partners Personalized Approach
- Kaplan Morrell Applauds Passage of Landmark Workers' Compensation Reform in Colorado
- "The Godfather's Vow" by Antonino Scalabrino is published
- Real Estate CEO Launches Explosive New Book After $275,784 Wire Fraud Incident
- Rediscovered Christopher Lee Recording 'Elenore' Re-Released to Mark 10th Anniversary of His Passing
- Lottery.com Inc. Secures $300 Million in Growth Capital, Confirms Nasdaq Compliance & Acquires UAE Sports Incubator Amid High-Profile Brand Exposure
- History Matters: Book Recommendations for June
Similar on s4story
- Real Estate Experts Highlight Jersey Shore as a Smart Buy in 2025
- $18 Price Target Issued in New Research Report After $34 Million Revenue Forecast from Acquisition; $101.5 Million Net Revenue in 2025; NAS DAQ: IQST
- The AML Shop Launches New Financial Investigations Unit, Appoints Director to Lead the Initiative
- New Podcast "Spreading the Good BUZZ" Hosted by Josh and Heidi Case Launches July 7th with Explosive Global Reach and a Mission to Transform Lives
- Drone Light Shows Emerge as the New Standard in Live Event Entertainment
- Lore Link is Here to Help Organize Your Game
- Skyline Partners with ZenSpace to Offer Private Meeting Pods for Trade Show Exhibitors
- AI Innovation Dual-Strategy Business Model Focused on Real Estate Development for Strategic Expansion: OFA Group, (N A S D A Q: OFAL)
- New Report: Slip and Fall Accidents Rank as the Leading Cause of Construction Site Fatalities
- Valley Sleep Therapy Expands to Prescott with New Location at Crossings Road
SSA's ALJs Were Unconstitutionally Appointed Prior to July 16, 2018
S For Story/10390356
We are a Social Security Disability Law Firm representing those seeking Social Security Disability and Supplemental Security Income benefits. We also represent clients in federal court appeals of disability determinations across the USA.
PHILADELPHIA - s4story -- David Chermol of Chermol & Fishman, LLC explains the consequences of Lucia v. S.E.C., 138 S.Ct. 2044 (2018), stating that SSA's ALJs before July 16, 2018 lacked the legal authority to preside over or issue unfavorable decisions in Social Security Disability (SSD) and Supplemental Security Income (SSI) cases.
In presentations before the National Association of Disability Representatives (NADR) and the Philadelphia Bar Association, attorney David Chermol, Esq. detailed the application of the Lucia ruling. The Supreme Court ruled that the administrative law judges (ALJs) of the Securities and Exchange Commission's (SEC) are, in fact, "inferior officers" of the United States government. The power to appoint such officers is restricted by the Appointments Clause.
More on S For Story
The Supreme Court found that because the SEC ALJs were not appointed by the head of that agency, they had not been properly appointed under the Constitution.
The Social Security Administration (SSA) has conceded that Lucia can be applied to SSA's ALJs and Appeals Council judges.
Mr. Chermol explained that disability representatives should send specific letters to the Appeals Council objecting on the basis of Lucia. Each letter must detail the relevant names, dates and rulings, the unconstitutionality of the ALJ, and a request that the case be remanded or reassigned for a de novo hearing before a different ALJ. The relevant legal authority that should be cited is Lucia and not SSR 19-1p.
Mr. Chermol also identified several more specific instances where Lucia can be used. These include, among others: (1) cases where a claimant goes before an ALJ who rejected the claimant's previous application, and (2) cases remanded for a second hearing before an ALJ who rendered the prior unfavorable decision.
Lucia can also apply to federal court appeals. Mr. Chermol explained that, although most federal courts maintain that claimants have forfeited the Lucia challenge by not raising it during the administrative process, some courts have rejected SSA's forfeiture defense. Mr. Chermols' firm has received more federal court remands based upon Lucia than any other disability firm in the nation.
More on S For Story
About David Chermol
Mr. Chermol is a former GS-15 Special Assistant United States Attorney for SSA. He served as co-chair of the Philadelphia Bar Association's Social Security Disability Committee for several years. In March of 2014, he was awarded the National Association of Disability Representatives' Member of the Year Award. Mr. Chermol serves by court appointment as the Social Security disability prose appeals panel coordinator in the Eastern District of Pennsylvania. During the 2008 campaign, he served as regional co-director on disability issues in Pennsylvania for the Obama campaign.
In presentations before the National Association of Disability Representatives (NADR) and the Philadelphia Bar Association, attorney David Chermol, Esq. detailed the application of the Lucia ruling. The Supreme Court ruled that the administrative law judges (ALJs) of the Securities and Exchange Commission's (SEC) are, in fact, "inferior officers" of the United States government. The power to appoint such officers is restricted by the Appointments Clause.
More on S For Story
- West Dentistry Welcomes New Oral Surgeon to Enhance Patient Care
- The AML Shop Launches New Financial Investigations Unit, Appoints Director to Lead the Initiative
- Kimberley Strunk's Inspiring New Book, "Jumping Boundaries,"
- Casting Pro Darya Balyura Named Judge for 2025 Meals 4 Monologues Virtual Showcase
- "Even the Crumbs Are Enough" — New Book Ignites Faith in a Time of Silence, Doubt, and Spiritual Exhaustion
The Supreme Court found that because the SEC ALJs were not appointed by the head of that agency, they had not been properly appointed under the Constitution.
The Social Security Administration (SSA) has conceded that Lucia can be applied to SSA's ALJs and Appeals Council judges.
Mr. Chermol explained that disability representatives should send specific letters to the Appeals Council objecting on the basis of Lucia. Each letter must detail the relevant names, dates and rulings, the unconstitutionality of the ALJ, and a request that the case be remanded or reassigned for a de novo hearing before a different ALJ. The relevant legal authority that should be cited is Lucia and not SSR 19-1p.
Mr. Chermol also identified several more specific instances where Lucia can be used. These include, among others: (1) cases where a claimant goes before an ALJ who rejected the claimant's previous application, and (2) cases remanded for a second hearing before an ALJ who rendered the prior unfavorable decision.
Lucia can also apply to federal court appeals. Mr. Chermol explained that, although most federal courts maintain that claimants have forfeited the Lucia challenge by not raising it during the administrative process, some courts have rejected SSA's forfeiture defense. Mr. Chermols' firm has received more federal court remands based upon Lucia than any other disability firm in the nation.
More on S For Story
- Raidium révolutionne le diagnostic de la Sclérose en Plaques en partenariat avec l'Hôpital Fondation Adolphe de Rothschild
- Revolutionize Your Classroom with Dr. Hattie N. Washington's New AI Toolkit for Teachers
- New Podcast "Spreading the Good BUZZ" Hosted by Josh and Heidi Case Launches July 7th with Explosive Global Reach and a Mission to Transform Lives
- The Herbal Care, Led by Markel Bababekov, Becomes a Top Dispensary in NYC's Upper East Side
- 304,000 Black Women Lost Their Jobs—Award-Winning Book Offers Stories of Hope
About David Chermol
Mr. Chermol is a former GS-15 Special Assistant United States Attorney for SSA. He served as co-chair of the Philadelphia Bar Association's Social Security Disability Committee for several years. In March of 2014, he was awarded the National Association of Disability Representatives' Member of the Year Award. Mr. Chermol serves by court appointment as the Social Security disability prose appeals panel coordinator in the Eastern District of Pennsylvania. During the 2008 campaign, he served as regional co-director on disability issues in Pennsylvania for the Obama campaign.
Source: Chermol & FIshman, LLC
0 Comments
Latest on S For Story
- Eolian Signs New Information Exchange Agreement with the U.S. Department of Defense for Technology Innovation
- Infinite Health Introduces Cutting-Edge Regenerative Medicine for Wound Care with Trip Goolsby, MD
- Walking a Tightrope Backward in High Heels Published by Wordeee
- Top Dentist Concord CA, Smile Makers Dental Care, Celebrates 500 5-Star Reviews
- Bio-Inspired Technology-Dynamic and Adaptable for unknown real-world environments
- Michael Reafsnyder opens solo exhibition at Scott Richards Contemporary Art in San Francisco
- Valley Sleep Therapy Expands to Prescott with New Location at Crossings Road
- High Fantasy Author Plans for Release of Second Book
- $17.4 Million Total Revenue for First Half of 2025 (up 31.8% YOY) for Global Wet Trades Services Provider with High Value Bitcoin Investments
- $12.8 Million Net Revenue for 2024 for Cloud-Based Crowdsourcing Recruitment and SaaS-Enabled HR Solutions Provider: Baiya International Group Inc
- Indies United is pleased to present our July 2025 book releases
- New Book Music Care: The Bridge to Hope Explores Music as a Lifeline Through Life's Hardships
- Scott Burton Releases Chaos: The Weight of a Memory, a Poetic Journey Through What Still Lingers
- Hire Virtue Announces Executive Sponsorship Opportunity for Houston Hiring Blitz & Job Fair on August 6, 2025
- Industry Insider Unveils Groundbreaking Car Buying Guide for First-Time Buyers:
- Inked & Maxim Model Teisha Mechetti Turns Heads—And Builds Community Impact
- Twentieth Century Publications Helps Authors Turn Ideas Into Published Success Stories
- Award-Winning Author Debuts New E-Book
- Authors Release Personal Accounts of the McClure #1 Mine Explosion in VA
- Plan to Launch Silo Technologies' Cybersecurity Pilot Program for Ultimate Nationwide Deployment via Exclusive Partnership: Stock Symbol: BULT