The New York Disability Law Blog

Happy Holidays 2011 from your New York Disability Lawyers

Troy Rosasco — Fri, 23 Dec 2011 15:06:51 -0500

On behalf of all the attorneys and staff at the Disability Claim Law Firm of Turley, Redmond Rosasco & Rosasco, LLP, we wish you and your families Happy Holidays and a Healthy New Year!

"God Bless Us, Everyone!"

Wall Street Journal on Social Security Disability System Review of ALJ Awards and New Surprise ALJ Policy

Troy Rosasco — Thu, 15 Dec 2011 13:06:40 -0500

Are Social Security Disability Judges awarding too many or too few disability claims? According to an article on the Social Security disability system by Damian Paletta in the Wall Street Journal today, that will be the subject of an independent review of the federal disability system by the Administrative Conference of the United States focusing on the work of Social Security Administrative Law Judges (ALJ's). A draft of the study is due August 2012, with final recommendations due November 2012.

There is certainly a need for improvement on both ends of the spectrum across the country. Earlier this year, as reported in the New York Times, a class action lawsuit was filed against five Social Security ALJ's claiming anti-claimant bias in the Queens New York Office of Adjudication and Review. Read my affidavit that was submitted to the federal court regarding the abuses of Social Security Queens Chief Judge David Z. Nisnewitz and ALJ Seymour Fier here.

The plaintiffs in this case, Padrue v. Astrue, recently won a motion in federal court granting their request for expedited discovery. Depositions of hearing office personnel, and possibly ALJ's in that office, should begin soon. The case is being handled on a pro bono basis by the national litigation law firm Gibson Dunn. The relief requested includes wholesale re-hearings going back years for all claimant's denied benefits by the named ALJ's. This is one example of bad and abusive ALJ's contributing to the ongoing backlog of disability claims at the Social Security Administration.

On the other, equally bad, end of the spectrum is the case of West Virginia Social Security ALJ David B. Daugherty, who apparently never met a claimant who was not disabled. Unlike his brethren in Queens, New York, he was suspended for his outstandingly high allowance rate, and eventually retired. The "Queens 5" continue to hear cases. I guess granting cases is a more serious offense at Social Security than bullying and intimidating claimants, which was the M.O. for the Chief ALJ Nisnewitz in Queens. Either way, both examples of these "outlier ALJ's"" should be quickly purged from the system. The vast majority of fair ALJ's should not be tarnished by a few bad apples.

Finally, in what appears to be an attempt by the Social Security Administration to stop certain mega-advocacy firms from "dumping" weaker cases based upon the ALJ they draw for a particular hearing, Social Security is instituting a new policy starting 12/19/2011 where they will not tell a representative the name of the ALJ hearing a particular case until the day of the hearing. While the motivation to correct this problem is indeed commendable, it does seem that Social Security is using a rather blunt instrument to correct a cancer that is localized to easily identifiable bad advocates.

From a policy perspective, the use of "Surprise ALJ's" will necessarily lead to more appeals - further increasing the backlog of disability claims. I would have preferred that SSA use a "surgical strike" rather than "napalm" to resolve this problem. Tough to do in a large bureaucracy, but never-the-less worth the effort. It will be interesting to see whether the new "Surprise ALJ" policy advances the quality of ALJ decision-making.

Zadroga 9/11 Victim Compensation Fund Lawyers Announce Final Step in Claims Process

Troy Rosasco — Tue, 06 Dec 2011 19:44:45 -0500

Troy Rosasco, a Partner at Turley, Redmond, Rosasco & Rosasco, LLP, has announced that as of December 5, 2011, the actual Zadroga Act Victim Compensation Fund “Compensation Claim Form” is now available online for those who were sickened or physically injured as the result of being exposed to airborne toxins from the Ground Zero site after the September 11, 2001 attacks.

This means that eligible 9/11 claimants, with or without attorneys, can file their Zadroga Act Victim Compensation Fund claims today. According to Mr. Rosasco, “Especially during the holiday season, many sick and destitute 9/11 victims will now find newborn hope that their anguish will be lifted in the coming New Year.”

On December 5, 2011, Sheila Birnbaum, Special Master of the 9/11 Victim Compensation Fund, released the actual Compensation Claim Forms for both deceased and personal injury claimants, which are available online at www.vcf.gov.

Claimants should complete this form if they were physically injured as a result of the September 11, 2001 debris removal efforts; they were present at one of the crash sites (or in the path of debris removal) between September 11, 2001 and May 30, 2002; and they wish to be compensated from the VCF rather than file a lawsuit.

Claimants have until October 13, 2013 to complete the form. The new September 11th Fund form also has a 21 page set of "instructions" to help file your claim and a helpful "9/11 Victim Compensation Fund Document Checklist" .

While it is strongly suggested that the forms be filled out online, they can be mailed as well. Mr. Rosasco suggested that those who may be currently experiencing financial difficulty should file as soon as possible.

“Here we are almost one year after President Obama signed the James Zadroga 9/11 Health and Compensation Act of 2010 into law, and all the "pre-season" hard work of the Special Master and the Department of Justice brought us to the real “Opening Day” of the Victim Compensation Fund," Mr. Rosasco said. “Now the long season of individual compensation claim evaluations and potential hearings will begin.”

“A roadblock that claimants faced in order to get their fair share of the $2.775 billion Victim Compensation Fund has finally been lifted,” Mr. Rosasco's partner, Daniel J. Hansen said. “Thanks to the Special Master, claimants will have ample time to fill out the forms. Now that all the formalities have been taken care of, these heroes who unknowingly worked in the face of danger are able to receive the compensation they justly deserve.”

For more information, call 1(855) WTC-INFO or visit www.zadrogaclaimsinfo.com

Wall Street Journal on Social Security Disability Doctor Problems

Troy Rosasco — Mon, 21 Nov 2011 13:53:04 -0500

The Wall Street Journal has an interesting article today on doctors working for the Social Security Administration (SSA) evaluating disability claims. Apparently, these doctors are "revolting" because they feel that the Agency is improperly trying to influence their medical claim decisions in order to process the current backlog of disability claims faster. The claims of these whiny doctors is all a bunch of hooey!

The only thing "revolting" about many of these doctors are the poor medical decisions they have been making for years - which in turn are a major contributor to the current backlog of claims. This is nothing new and is not caused by any recent "upheaval".

As an Social Security Disability lawyer who sees these doctors' decisions reversed on a regular basis by Administrative Law Judges (ALJ's), I can tell you these doctors rarely make well reasoned, medically justified decisions.

More often, they simply "sign off" on claim denials because it is easier than justifying an award of benefits. They simply pass the buck to the Administrative Law Judge, who may not see the claim for another six months or more, and then has to make the hard decision to grant or deny a claim.

To the Social Security Administration's credit, their recent actions are corrective in nature and intended to relieve strain on the backlog of disability claims. Social Security is simply trying to make sure that doctor's who work for them get it right the first time, thereby decreasing a claimant's wait for a correct decision on their disability claim. Score one for SSA Commissioner Astrue!

The real deal is that most of these doctors are unhappy because Social Security is now paying them for "performance" on a per claim basis, as opposed to their prior leisurely $90 per hour pace. These doctors, many of whom have been "retired" from the regular practice of medicine for decades, had a good thing going while it lasted. When asked to produce, the "semi-retired" Social Security doctors are leaving the system - plain and simple.

And as Wall Street Journal economic policy reporter Damian Paletta correctly points out, bad medical decisions often times result in severe economic hardship for claimants. The new initiative to improve the previously broken system should be applauded. Is it perfect? Perhaps not yet. But it was broken long before.

Big Day in New York Workers' Compensation Law! Court of Appeals Decides Aggregate Trust Fund Deposit Case of Raynor v. Landmark Chrysler in Ruling Against Insurance Carriers

Troy Rosasco — Tue, 15 Nov 2011 18:34:27 -0500

It is the most important New York workers' comp legal decision since the the legislature passed the sweeping New York Workers' Compensation Reforms of March 2007.

Today, in Raynor v. Landmark Chrysler, the New York State Court of Appeals affirmed a lower appellate court ruling upholding provisions requiring private workers' compensation insurance carriers to make mandatory Aggregate Trust Fund (ATF) deposits for claimants classified as permanently partially disabled (PPD) and injured both before and after March 13, 2007.

Based upon Raynor, if a claimant was injured on 7/1/2006 (before the reforms capping the duration of permanent partial disability (PPD) awards), but classified PPD after the reforms took place (3/13/2007), the insurance carrier must make a mandatory present value Aggregate Trust Fund deposit for the future value of the indemnity portion of the award.

For example, let's assume a worker hurt on 7/1/2006 is classified PPD at a $400/week rate of compensation on 7/1/2008. Prior to the reform laws (heavily pressed for by the business community), the private insurance carrier could have leisurely doled out the worker's $400/week over time, while holding the large bulk of its financial obligation to the worker in its own bank accounts. Now, after the clarification of Raynor, that scenario has been turned on its head.

Upon the worker being classified PPD, the private insurance carrier is obligated to deposit the present value sum of future indemnity payments into the Aggregate Trust Fund (ATF). In many cases, such deposits will be in the hundreds of thousands of dollars. This is a private workers' compensation insurance company's worst nightmare.

The New York State Insurance Fund (NYSIF) and self-insured employers are exempt from the mandatory ATF deposits, and private insurance carriers argue this gives them a distinct competitive market advantage - which is hard to dispute.

Practically, just the threat of a potential PPD classification should cause insurance companies to pull out their settlement checkbooks and pens. And this was the intention of the 2007 New York Workers' Compensation Reform legislation, at least in part.

Prior to the reform legislation, there was too much litigation on cases that lasted sometimes for decades. The business community got their cap on PPD awards while claimants got what was hoped to be a quicker resolution of their claims. However, due to this long litigation brought by the private insurance carriers, there is currently a bottleneck of thousands of potential PPD claims at the New York Workers Compensation Board. Raynor should be the "Drano" the plumber ordered!

Now that the Raynor decision has put this issue to rest, private insurance carriers should immediately start to make settlement offers to claimants to avoid the hammer of the present value ATF deposit.

The fairness of settlement offers will be based upon the ATF's present value discount tables and Board Bulletin 222-B. ( if you have questions about the fairness of your Section 32 workers compensation settlement offer, please contact Troy Rosasco at x123 for a Free Evaluation of your claim).

New York businesses should finally start to see a financial benefit from the illusory promises of the 2007 reforms. And all will be right in New York Workers' Comp Land !?? Stay tuned...

9/11 Zadroga Victim Compensation Fund Open for New Claims as of 10/31/2011

Troy Rosasco — Tue, 01 Nov 2011 18:02:22 -0500

Yesterday, September 11th Victim Compensation Fund Special Master Sheila Birnbaum reopened the Fund for new claims. Claimants can now file for "eligibility" determinations online.

To her credit, Ms. Birnbaum appears to be running a tight ship and is rolling out this complex compensation program in a timely and understandable way. This simplicity will be of great help to victims and their families.

In an effort to assist victims with the filing of claims, the Special Master also announced two upcoming legal clinics in Manhattan staffed by volunteer lawyers. Such outreach, like her Town Hall meetings that preceded the reopening of the Fund, has quickly established Ms. Birnbaum as an equal to the much lionized former VCF Special Master, Kenneth Feinberg. US Attorney General Eric Holder should be credited for an excellent choice.

The 9/11 Victim Compensation Fund is currently taking "eligibility" applications, which are different than the actual "compensation claim" forms which will be released at the end of November 2011. Potential claimants with questions can call the official Victim Compensation Fund Toll Free Number at 1-855-885-1555, or feel free to call me at 1-855-WTC-INFO (1-855-982-4636).

Basics of Social Security Disability Claims on Video

Troy Rosasco — Fri, 28 Oct 2011 11:20:10 -0500

I recently had the pleasure to give another Social Security Disability claim on-line video Continuing Legal Education (CLE) course. It was entitled "Social Security Disability Claims Primer" and was presented for the National Academy of Continuing Legal Education. You can sign up for the course here.

You can see my PowerPoint materials for this Social Security Disability claim seminar here. The materials are more than just a dry legal outline - I actually give lawyers tips on how to prepare client's to testify and how to best to present claims to Social Security Administrative Law Judges( ALJ's). Feel free to call with any questions.

Rosasco Interviewed on FiOS1 About New 9/11 Victim Compensation Fund Opening and Registration

Troy Rosasco — Tue, 04 Oct 2011 16:36:58 -0500

Carolyn Fortino, a reporter with Verizon FiOS Channel 1, came to my office yesterday to interview me on the opening of the new Zadroga Act 9/11 Victim Compensation Fund. See the complete TV segment here.

We discussed the background of the 9/11 Victim Compensation Fund and how claimant's can only "register" with the Fund at this time. According to Special Master Sheila Birnbaum, actual claim forms for "compensation" are not expected until the end of November, meaning that the actual filing of compensation claims may not start until December at the earliest.

In addition to our discussion, Ms. Fortino interviewed my good friend and 9/11 survivor, Jack Delaney. Jack was Director of Emergency Medical Services for New York Presbyterian Hospital and responded so quickly to the World Trade Center that he was caught in the rubble when the buildings collapsed. (Read Jack Delaney's incredible story of 9/11 and it's aftermath here).

Anyone who reads such a story, yet fails to see the justification for the 9/11 Victim Compensation Fund, should have their head examined.

People like Jack, who will never tell you the full extent of their injuries, are the ones most deserving of benefits under the Zadroga Act, and the ones we will be fighting for.

Social Security Disability Running Out of Money? Dont Believe It!

Troy Rosasco — Mon, 22 Aug 2011 18:03:11 -0500

The Associated Press today reports on the potential insolvency of the Social Security Disability program by 2017. Don't believe the "sky is falling" rhetoric - this is just silly political demagoguery by cruel policy wonks who never saw a disabled worker they either liked or respected.

These ivory tower geeks want to return to the not so distant past when the Social Security Administration's "systematic misapplication of the regulations" was "found to be covert as well as illegal", resulting in tens of thousands of legitimately disabled workers to lose their much needed, and often paltry, monthly Social Security disability check. See Dixon vs. Shalala .

There are some easy, less draconian, solutions to the Social Security disability insolvency problem. Why doesn't Congress simply make Social Security's own "Ticket to Work" program mandatory for anyone who is less than 100% disabled (the majority of SSDI recipients)? Currently, it is a voluntary program and is greatly under utilized.

What is a " Ticket to Work? ":

The Ticket to Work is a program run by the Social Security Administration. The SSA issues “tickets” to individuals who are eligible to receive them and who want training or services to help them find a job they can manage. When a worker is assigned a ticket, they then choose to assign the ticket to an Employment Network in order to obtain employment services, vocational rehab or other employment support services. If the Employment Network accepts the ticket, they will then provide the disabled individual with services that will help them find and maintain a full-time job that they can manage.

This Ticket to Work program allows disabled individuals to work on obtaining employment skills and other vocational services that will help them to perform full-time work activity in the future. If an individual who is participating in the program begins full-time employment, benefits are not automatically revoked and a probational period is granted. If, for some reason, your job attempt is unsuccessful and you determine that you are still unable to participate in substantial gainful work activity, you can have your Social Security Disability benefits reinstated under the SSA's expedited reinstatement of benefits process.

What do you think? Leave your comments below.

9/11 Lawyer Rosasco Profiled in Long Island Business News

Troy Rosasco — Tue, 12 Jul 2011 16:49:33 -0500

Troy Rosasco was recently profiled by the Long Island Business News in an article entitled "The Good Fight". It discusses his long committment to 9/11 victims and the fight to get the Zadroga Act passed. The article appeared in the newspaper's "Two Minutes" interview column and discussed the new Zadroga 9/11 Compensation Act.

We will also be publishing some newly released helpful information for 9/11 victims and first resonders on our Zadroga 9/11 Claim Info web site shortly. Stay tuned.

Zadroga Act Attorney Rosasco Comments on New 9 11 Compensation Fund Rules from Special Master Sheila Birnbaum

Troy Rosasco — Mon, 27 Jun 2011 15:09:34 -0500

9 11 Compensation Fund Lawyer Troy Rosasco was interviewed last week by the Long Island Business News (LIBN) about the new draft Zadroga Act rules released by Victim Compensation Fund Special Master Sheila Birnbaum. The article and Rosasco's comments on the Zadroga 9 11 Law draft regulations are here.

Right now, the big disappointments in the draft rules, which are subject to a 45 day comment period for possible changes, is the lack of specific compensation coverage for victims with cancer or PTSD. Cancer coverage under the 9 11 Victim Compensation Fund will be left to the decision of John Howard, MD, the World Trade Center Health Program Director. The Zadroga 9 11 Act itself and the draft rules and regulations bar compensation claims for anything but "physical harm", eliminating claims for PTSD. However, claimant's with both PTSD and asthma, for example, would be able to collect for the asthma part of their claim.

I will be submitting comments along with my 9 11 WTC Lawyer partner, Daniel J. Hansen shortly. Stay tuned for our report from the "Town Hall" meeting this Wednesday night, June 29th, with Victim Compensation Fund Special Master Sheila Birnbaum. I will update interested readers in "real time" via Twitter @TroyRosascoEsq . Talk then.

Ground Zero Lawyer Lectures on Zadroga 9/11 Act to New York Supreme Court

Troy Rosasco — Tue, 10 May 2011 19:22:36 -0500

It was an honor to have been asked to give a Continuing Legal Education Course on the new Zadroga 9/11 Act to the Justices and attorneys of the New York State Supreme Court, Appellate Division, Second Department in Brooklyn recently. The two hour presentation was given in the same courtroom where I was sworn in as an attorney over 20 years ago - and it hasn't changed a bit! Here is a copy of my Zadroga 9/11 Act Power Point Presentation to the Supreme Court.

Like previous lectures I have given on Zadroga 9/11 Act claims, I covered topics such as: who is a first responder under the Zadroga Act ?; are volunteers, construction workers, cleaners and other workers covered under the Zadroga Act ?; what medical conditions are covered under the Zadroga Act ?; what medical and compensation benefits are available under the Zadroga Act ?; can you have a Zadroga Act compensation claim if you already received money from another 9/11 lawsuit ?; what toxic chemicals were found at Ground Zero and are they cancer causing ?; who is the 9/11 Victim Compensation Fund Special Master ?; what is the definition of the "crash site" under the Zadroga Act ?; what cancer conditions are covered under the Zadroga Act ?; and what are the deadlines for filing Zadroga Victim Compensation Fund claims ?.

Once again, I would like to thank the Supreme Court, Appellate Division for allowing me to present this progam.

Osama Bin Laden Dead! God Bless the USA

Troy Rosasco — Sun, 01 May 2011 23:53:03 -0500

Just finished watching the President inform the nation that our military and intelligence services have killed Osama Bin Laden.

If there was ever a time to be proud to be an American, tonight is it. In the almost ten years since 9/11 while this evil man avoided this well deserved ending, even the most patriotic Americans began to doubt that this day would come. Today we can finally lay this battle in the war against radical Islamic terrorism to bed by sending Osama Bin Laden to the Gates of Hell. Give credit to our Commanders-in Chief, both Presidents’ Barack Obama and former President George W. Bush, for their relentless leadership in pursuing this terrorist.

From the original 9/11 victims to the first responders to our military men and women overseas, Bin Laden has caused death, injury and disease to many Americans. Yet while we as a country tried to heal our physical and emotional wounds, our government continued the sometimes frustrating pursuit to bring this scourge of terrorism against humanity to justice.

Today the USA stands triumphant in sending a clarion call to all terrorists who would come to our shores to cause us harm. Americans never give up, and you too will be hunted down, flushed out and brought to the justice you deserve.

God Bless the United States of America!

Disability Lawyer Troy Rosasco Gets Top Reviews for Lawline Seminar on LTD Claims

Troy Rosasco — Mon, 18 Apr 2011 06:45:48 -0500

Whenever I am asked to give a Continuing Legal Education (CLE) Seminar for my fellow attorneys, I try and put my best effort into both the live presentation and the written materials. I recently did a Disability Claim video CLE for Lawline, the nation's top online CLE producer, and it is clear to me that online CLE for attorneys is a fantastic option for those who do not have the time (can anyone identify!) to attend a live lecture.

The video CLE was entitled "Disability Insurance Claims Primer: The Plaintiff's Perspective", and the presentation focused on both the law and practical pointers involving private disability income insurance policies for professionals and employer based long term disability claims governed by ERISA. Thankfully, it is getting top reviews from lawyers around the country.

The presentation and PowerPoint materials follow a hypothetically disabled trial attorney, " Atticus Finch" , and the reasons he can no longer do one or more of the "material and substantial" duties of his profession.

It also touches on Short Term Disability, New York Workers' Compensation claims, and Social Security Disability claims. About the only thing it does not touch on is Zadroga 9/11 Act claims, but then again the Zadroga Act wasn't law yet!

Like all my CLE presentations, I do not get paid for either the presentation or any re-broadcast. I consider it a way to give back to the profession which has given me so much satisfaction over the years. I just finished a second Lawline CLE presentation on a brand new federal statute which should be appearing on a laptop near you shortly!

So if you need some extra CLE credit, pull out your laptop in the comfort of your own home, and check out my Disability Insurance Claims Primer, or one of the other great Lawline CLE courses.

Social Security Hit with Class Action Lawsuit Alleging Systemic Anti-Claimant Bias by Queens NY Disability Judges

Troy Rosasco — Wed, 13 Apr 2011 22:10:09 -0500

The New York Times reported yesterday on an 83 page class action lawsuit filed in federal district court alleging systemic anti-claimant bias, consistent flawed decision-making, and routinely intemperate conduct by Administrative Law Judge's (ALJ's) during hearings for claimants seeking disability benefits at the Queens, NY Office of Disability Determination & Review (ODAR) .

The lawsuit seeks to disqualify the named ALJ's from hearing any new cases in the future. The five ALJ's named in the lawsuit are Hearing Office Chief Administrative Law Judge David Z. Nisnewitz, and ALJs Seymour Fier, Marilyn P. Hoppenfeld, Hazel C. Strauss and Michael D. Cofresi.

ALJ's Margaret Pecoraro, Sol Wieselthier and Gal Lahat from the Queens office were not named as offending ALJ's, and I can personally attest to their fairness and proper judicial temperament. These ALJ's, along with the vast majority of ALJ's across the country, should not have their good reputations tarnished by the five rogue ALJ's named in the lawsuit.

Specifically, the lawsuit states that higher federal court judges have found:

Proceedings that were "a far cry" from the required standards;
Conduct that "raises the possibility that the ALJ was not seeking to neutrally develop the record, but rather to find support for the conclusions he had already formed"
Analysis that was "deficient" and "incoherent"
Delay that was "particularly egregious"
Rationale that was "plucked from thin air"
Analysis that "trivializes plaintiff's impairments"
Overall conduct that demonstrates "serious negligence and could possibly even suggest bias"

In my opinion, this lawsuit is long overdue. Chief Judge David Z. Nisnewitz is well known by claimant representatives for his "bullying" tactics in the courtroom. I have personally seen him reduce disabled women and Latino claimants to tears by his badgering, gruff, prosecutorial, openly scornful and doubting questioning during the course of so called "non-adversarial" hearings.

Below is federal District Court Judge Irizarry's description of a hearing handled by ALJ Nisnewitz in the case of Ginsberg v. Astrue, 2008 WL 3876067(EDNY Aug. 18, 2008).

"Here, the ALJ's questioning of medical expert Dr. Buganza was a study in combative questioning, which hampered the truth seeking process. The ALJ repeatedly interrupted Dr. Buganza as he attempted to answer the ALJ's questions. (SeeA.R.

263-67.)

Moreover, the ALJ asked leading questions in order to elicit the responses he apparently wanted or expected to hear, andyet he offered the caveat “I don't want toput words in your mouth .... You're the doctor. You're the expert. You got to tellme.”(A.R.267.)

The ALJ even appeared to be offering his own testimonyregarding what he observed from Dr. Levine's records; it is telling that, during Dr. Buganza's testimony, the ALJ spoke far more about his observations concerning Dr. Levine's records than Dr. Buganza did. (See A.R. 263-67.)

When Ms. Barish attempted to cross-examine Dr. Buganza, the

ALJ repeatedly interrupted, effectively preventing Ms. Barish from completing her cross examination. (A.R.268-70.)

At one point, Dr. Buganza appeared to state that he believed Plaintiff did suffer from CFS. (A.R.270.) The ALJ interrupted him in the middle of his response, stating, “That's not

what this-you have to meet the criteria.”(A.R.270-71.)

In objection to the ALJ's interruption, Ms. Barish asked the ALJ,“Can he finish what he's saying?”(A.R.271.) The ALJ responded, “No, I'm finished. I'm, I'm, I'm examining.”(A.R.271.)

The ALJ's method of questioning Dr. Buganza was a far cry from satisfying his obligation to “scrupulously and conscientiously probe into, inquire of, and explore for all the relevant facts.”See Robinson,733 F.2d at 258.

Furthermore, his persistent interruptions of Ms. Barish's cross-examination of Dr. Buganza, which resulted in virtually no cross-examination at all, prevented the record from being adequately developed, particularly with respect to Dr.Buganza's expertise in the area of CFS.

Given that the ALJ clearly relied heavily on Dr. Buganza's testimony, the Commissioner's decision is also vacated for the reasons stated in this subsection, and remanded forproper development of Dr. Buganza's testimony."

Is this a fair hearing? Is this due process? Is this justice? Of course not!

But it is the typical bullying behavior by Chief Judge Nisnewitz - and it has been going on for years.

A few years ago, he took on my client, a hero NYC fireman with severe burns who had been in the Cornell Burn Unit for months. The reason -the fireman had promised his six year old daughter he would take her to Disney World when he was feeling better. Judge Nisnewitz, in his own "Disney World", denied the claim saying essentially that anyone who could go to Disney World was not disabled.

On appeal to the federal courts, the US Attorney for the Eastern District refused to defend the case for Social Security, and allowed current Eastern District Chief Judge Raymond J. Dearie to reverse ALJ Nisnewitz and pay the case without the need for further proceedings.

Knowing the harm caused to disabled claimants regularly by these five ALJ's, Bar Associations and disability advocacy groups from around New York City are now lining up to file amicus briefs in support of this lawsuit as we speak. The lawsuit is the hot topic on Social Secity blogs around the entire country. See here, here, here and here.

This lawsuit was filed by the Urban Justice Center with the help of Gibson Dunn, one of the nation's top litigation law firms, on a pro bono basis. Gibson Dunn Partner Jim Walden is spearheading the lawsuit and has an impressive record of success in public interest litigation. He also is a former prosecutor in the US Attorney's Office for the Eastern District.

Social Security Commissioner Michael Astrue is an extremely smart and fair man. I have personally spoken to him at a national disability law conference. So is Loretta Lynch, the current US Attorney for the Eastern District of New York.

Will they defend these five rogue ALJ's who consistently deny due process to disabled claimants in Queens, New York? I'm betting they are too smart for that. Fortunately, Social Security can't avoid the litigation by simply paying the claimant's named in the lawsuit. There are scores more claimants in the same position sitting in the file cabinets of every Social Security Disability Attorney in NYC.

The money the federal government will save by not having to defend unnecessary appeals and litigation caused by just these five ALJ's would significantly reduce the federal deficit! Isn't that onsomeone's agenda these days?!

Workers Compensation Lawyer Christopher Redmond Opens New Hamptons Office

Troy Rosasco — Mon, 11 Apr 2011 15:57:49 -0500

Christopher M. Redmond, a Senior Partner at the New York Workers' Compensation Law Firm of Turley Redmond Rosasco & Rosasco, LLP, has opened a new office on Main Street in Sag Harbor, NY to serve injured workers from Montauk, East Hampton, Bridgehampton, Southampton, Sag Harbor and Hampton Bays. He will continue to see clients from Westhampton and East Moriches in our existing Riverhead office.

While other places of the country continue to see an overall housing slump, Long Island South Fork ( from the Hampton's to Montauk) housing continues to thrive, providing construction and landscaping jobs throughout the region. Unfortunately, as a result, this also leads to an increase in construction accidents, including falls off ladders, scaffolds and roofs, and into holes and ditches.

Often times general contractors use off-the-books immigrant workers on both construction sites and on landscaping projects. These workers, often Latino, are rarely provided with the safety equipment they need, such as harnesses, safety goggles, ear protection and helmets. This leads to unnecessary construction accidents and more severe, permanent injuries.

Any worker who has been injured at work, or on a South Fork, Long Island construction or landscaping site, should contact Attorney Chris Redmond, who also speaks Spanish, as soon as possible after the accident to learn his rights to file a New York workers compensation claim. Even workers who are off-the-books or are in the US illegally can file a workers compensation claim, and doing so will not lead to deportation. Call 631-399-0400 and ask to speak to Mr. Redmond's assistant, Carmen Rosado (x110) to schedule an appointment in our new Sag Harbor Office.

Why Did Fealgood Foundation Invite Worby Groner Edelman Napoli Bern to Speak at Zadroga Lawyer Forum?

Troy Rosasco — Wed, 30 Mar 2011 17:34:51 -0500

In a bizarre twist, the non-profit FealGood Foundation recently invited the much criticized "9/11 victim" law firm, Worby Groner & Edelman and Napoli Bern , LLP to speak at their Zadroga Act Claim legal forum on 3/20/2011. "Something" must have caused these former adversaries to kiss and make up!

The NY Daily News has previously stated that the Worby Napoli lawyers exploited John Feal's name. This is what John Feal said just last year about Napoli Bern:

Dear Friends, Supporters and Fellow First Responders,

Today I have been forwarded a disturbing and ethically questionable email from the law firm of Worby, Groner, Napoli & Bern, LLP. First, "Napoli Bern" does not, and has never, represented me in any legal action. Unfortunately, the email does not make this clear and may mislead readers.

Second, I am not and have never been, a litigant in the 9/11 "class action" lawsuit involving Napoli Bern. I have maintained an individual lawsuit for many years. Any legal actions taken by me and my private attorney have no reflection on the "class action" suit and any attempts to draw such a conclusion are unwarranted and, in regards to Napoli Bern, unauthorized. Why Napoli Bern has chosen a non-litigant to this suit as an example of the actions you should take in settling your suit is questionable to say the least. I urge you to discuss your individual cases with your attorney and make your own independent decisions moving forward. Please do not look to the steps taken by my attorney as indicating what the best legal action is in your case.

I am saddened and upset that a law firm that is entrusted with the legal care of over 9,000 First Responders would choose to release the personal information of another, non-client responder and use such information to pressure litigants into settling their own cases. I will be addressing this matter with appropriate authorities immediately.

It is my sincere hope that you make your legal decisions based on your own independent factors and I wish you well in your decision making.

God bless you and God bless America

"Any Nation that does not honor its heroes will not long endure"

Abraham Lincoln

Peace & Love

John Feal

Founder & President

The invitation to the "legal forum" was not rescinded by the FealGood Foundation despite federal court Judge Alvin Hellerstein the prior week giving the Napoli Bern firm a severe "dressing down" on how it has represented certain 9/11 victims. Judge Hellerstein stated:

"Having thus been in conflict for months, and having done nothing about it, Napoli Bern failed to give these 59 Plaintiffs the proper representation to which they were entitled.

Instead, Napoli Bern favored the needs of the thousands of other clients whom it also represented. That this happened is hardly surprising, especially when one considers the possibility that Napoli Bern had financial motivations for preferring its thousands of settling clients."

Then just yesterday, Worby Napoli got caught up in the "fake 9/11 fireman ad" controversy reported in the New York Post. I wonder now how happy the Fealgood Foundation is that they are implicitly recommending this law firm to 9/11 responders and victims for representation?

What could have prompted the non-profit FealGood Foundation, in need of funds, to do a 180 degree turn around from it's previous denunciation of the Napoli Bern law firm? Hmmm...

As I have said before, John Feal is a hero. He is tarnishing his own reputation, and all those who work so tirelessly for the FealGood Foundation, by being involved in this lawyer circus. By recommending that 9/11 victims first go through a lawyer on the Fealgood Foundation Board of Directors, the more questionable the process becomes.

John Feal should follow the advice he previously gave in the letter to his Friends above : "It is my sincere hope that you make your legal decisions based on your own independent factors and I wish you well in your decision making."

The credibility of the entire FealGood Foundation is on the line now given their new association with the law firms of Worby Groner & Edelman and Napoli Bern. 9/11 victims and responders deserve better.

NY Post on Zadroga Lawyers Worby Napoli "Ad Trick Insult"

Troy Rosasco — Mon, 28 Mar 2011 17:36:54 -0500

Photo courtesy of the NY Post

Worby Groner & Edelman and Napoli Bern, LLP , the much criticized 9/11 "victim" law firm, was accused of major conflicts of interest by federal judge Alvin Hellerstein recently regarding it's representation 59 separate 9/11 victims. Said Judge Alvin Hellerstein:

"Having thus been in conflict for months, and having done nothing about it, Napoli Bern failed to give these 59 Plaintiffs the proper representation to which they were entitled.

Instead, Napoli Bern favored the needs of the thousands of other clients whom it also represented. That this happened is hardly surprising, especially when one considers the possibility that Napoli Bern had financial motivations for preferring its thousands of settling clients."

See Judge Hellerstein's full 3/11/2011 decision here regarding Napoli Bern's conflicts and conduct.

On the heels of this legal embarrassment, the New York Post today exposed a hurtful Worby Napoli advertisement picturing a current NYC Firefighter who never was at Ground Zero, but whose picture was altered with special computer software to make it look like he was a first responder. And believe it or not, the Worby Napoli firm issued a press release immediately defending the misleading ad!! Have they no shame? Do they really care about 9/11 victims? Or are they stereo-typical lawyers just out for the money?

In my opinion, Worby Napoli's pattern of conduct over the last few month's is nothing short of disgraceful. How can any future Zadroga 9/11 claimant trust this law firm? There are many honorable Zadroga 9/11 lawyers representing 9/11 victims and first responders. Unfortunately, the honorable attorneys are inevitably tarnished by the "900 pound gorilla in the room". Sad.

When choosing a Zadroga Act lawyer, make sure you pick one with integrity. At the end of the day, you must trust that your Zadroga lawyer is working for your best interests.

Free Zadroga 9/11 Act Online Seminar: What You Need to Know About the Victim Compensation Fund

Troy Rosasco — Wed, 23 Mar 2011 09:15:36 -0500

Join us for Zadroga Claim Webinar on March 26

Space is limited.
Reserve your Webinar seat now at:
https://www3.gotomeeting.com/register/330686110

Did you (or a family member) participate in the rescue, recovery or cleanup activities at Ground Zero? Are you now ill from breathing and ingesting toxic dust and fumes at the World Trade Center site? If so, you may be entitled to a financial award from the recently reopened federal Victim Compensation Fund in the Zadroga Act.

Join experienced New York 9/11 Victim Compensation Fund (VCF) attorneys Troy G. Rosasco and Daniel J. Hansen for a free, fact filled webinar on March 26, 2011 at 12 noon EST discussing the new Zadroga Act. Subjects covered will include:

Who is Eligibile under the Zadroga 9/11 Act for compensaton?
What Illnesses are Covered by the Zadroga Act?
How Do You File a Zadroga Victim Compensation Fund Claim?
What is Needed to Prove Your "Damages", including "pain and suffering"?
Who is the "Special Master"?
How Much Money Can You Expect to Receive?
Can You File a Zadroga Claim if You Already Collected Money from the Old VCF or other Lawsuits?
How Long Will the Claims Process Take?
How to Choose the Right Zadroga 9/11 VCF lawyer for you?

Join us for this lively, interactive Zadroga 9/11 Act Webinar (online seminar) to get the answers you (and your loved ones) need to protect yourself and get the financial compensation you deserve. You will be able to listen and interact either over your internet connection or by using a Toll Free telephone connection.

Title: 9/11 Zadroga Act Claims : What You Need to Know About the Victim Compensation Fund

Date: Saturday, March 26, 2011

Time: 12:00 PM - 2:00 PM EDT

After registering you will receive a confirmation email containing information about joining the Webinar.

System Requirements
PC-based attendees
Required: Windows® 7, Vista, XP or 2003 Server
Macintosh®-based attendees
Required: Mac OS® X 10.4.11 (Tiger®) or newer

Zadroga 9/11 Lawyer to Lecture at St. John's Law School on Eve of Triangle Fire 100th Anniversary

Troy Rosasco — Mon, 21 Mar 2011 17:55:34 -0500

I will be giving my annual New York Workers' Compensation Law lecture tomorrow night at St. John's Law School at the invitation of Prof. David Gregory, one of the country's preeminent labor law experts.

This year my Workers' Compensation Law lecture takes on particular significance as the this week marks the 100th anniversary of the Triangle Shirtwaist Factory Fire tragedy in lower Manhattan, which was the seminal event leading to the establishment of workers' compensation laws throughout the country. 146 workers lost their lives either in the fire or jumping from the building.

As a former recipient of the Clara Lemlich Triangle Factory Fire Memorial Award, this important moment in labor history, along with the annual Triangle Dinner this Friday night at the Fire Museum of the City of New York, are close to my heart. I will certainly impress upon the law students the importance of understanding not only the "black letter" meaning of the New York workers' compensation law, but also its historical context.

In a eeirly sad coincidence, it just so happens that this year is also the 10th anniversary of the World Trade Center Disaster. It took 90 years for the WTC disaster to eclipse the Triangle Factory Fire as New York's most deadly workplace accident.

We are still filing ongoing workers' compensation claims for 9/11 victims, survivors and first responders. In addition, this year has brought the passage of the new James Zadroga 9/11 Health and Compensation Act of 2010. I will be sharing with the students facts about the new Zadroga 9/11 Act, how to file a Zadroga Act claim, and what medical conditions are covered under the Zadroga Act.

Afterwards, the officers of the law school's Labor & Employment Law Society ussually join Prof. Gregory and I for a good Italian meal in Queens, maybe at Uvarara. Looking forward to that! I will post my materials on this blog after the lecture.