Focus
on recent events:
For information on other relevant
news and issues, be sure to look through the Back
Issues archives below!
|
February,
2003
Mr. Parvin
was elected President of the Fifth Circuit Organization of Social
Security Claimants Representatives. This organization advocates
for the disabled and offers training to its members for more
effective advocacy in the States of Texas, Louisiana and Mississippi.
September, 2002
The National
Organization of Social Security Claimants Representatives announced
the election of Gary R. Parvin to one of only 16 elected board
seats of the Organization for the 50 United States. This board
sets the policy of the organization's advocacy for the disabled
and works in coordination with other groups for the disabled.
June, 2000
Gary
Parvin won a Social Security disability case he and his team
litigated in the United States Supreme Court. In June 2000,
a decision was issued in Sims V. Apfel, a landmark case
greatly expanding the appeal rights of claimants in Social Security
and SSI cases.
Under previous law, unless a claimant specifically raised
an issue at an administrative hearing or at the Appeals Council,
it could not be raised for the first time if the case was appealed
into federal court. The Appeals Council is a mandatory paper-file
review of the administrative hearing decision, an interim review
required before a claimant can appeal into federal court after
being denied.
The Appeals Council requires only a one-page form for filing
an appeal, with three short lines for stating the reasons for
appeal. The US Supreme Court said that a claimant does not
give up the right to have issues reviewed in federal court if
an issue is not clarified at a lower appeal level.
Many claimants are un-represented at early stages of a claim,
perhaps even through a hearing. Approximately 50% of claimants
go through the administrative hearing without an attorney and
some then try to appeal the hearing decision. Social Security
has never notified claimants of the need to fully identify possible
issues. An un-represented claimant, or one with inexperienced
counsel, would have no notice of the importance of this requirement.
The Supreme Court also relied on the fact that Social Security
hearings are supposed to be non-adversarial. A hearing is unlike
normal litigation, where each side is aggressively represented
by counsel. This means the judge is supposed to develop evidence
on both sides. Social Security does not have a representative
at administrative hearings, and claimants may or not. This leaves
the task of fully developing evidence to the judges, who vary
in their dedication to this task. This Supreme Court decision
may be used to bring judges to a more balanced position, utilizing
their power to order more tests and medical or psychological
reports when there is an inadequate medical record.
Gary Parvins six years of work on this case protects the
many vulnerable claimants who are without lawyers or may
have inadequate representation. It may be pivotal in gaining
more access to medical examinations and reports for claimants.
Early representation is always best in these claims,
and may cost no more than involving a lawyer later in the case.
Attorneys fees are charged on a contingency basis, which
means you dont pay unless you win. Fees are one fourth
of the back benefit disability payments awarded to the client,
with a fee maximum of $5300.
|
| |
2000
May- What is SSI? What is SSDI?
Jun- What to Expect at an Administrative Judge
Hearing
Jul- The Standards Used to Determine Eligibility
Aug- How Fees are Calculated in SSI Cases
Sep- Parvin Supreme Court Victory Protects
Claimants
Oct- How to Prove Pain in Disability Claims
Nov- Full Use of Hands Needed for Most Jobs
Dec- Trainings on Changes in Social Security
Law
2001
Jan- How Can a Lawyer Help a Claimant
Feb- Cost of Living Adjustments for 2001
Mar- How are Social Security Benefits Taxed?
Apr- Tips for Filing an Application for Disability
Benefits
May- Consultative Medical Exams Require Caution
Jun- Disability Claimants and Private Insurance
Jul- Proving Disabling Back Pain
Aug- Epilepsy
Sep- Big Mistakes Claimants Make
Oct- Fighting Cancer and Social Security
Nov- Many Sites Offer Disability Information
Dec- Update Your Staff on Changes in Social
Security Law
2002
Jan- Elements of Proof for Crohn's and Colitis
Cases
Feb- Social Security Steps Up Its Anti-Fraud
Program
Mar- Criteria for Mental Impairments Standardized
Apr- SS Updates Musculoskeltal Regulations
May- New Evaluation Factors for Retardation
Jun- Considering Illiteracy as Part of a Disability
Claim
Jul- Extended Medical Benefits Ease Return
to Work
Aug- Disability Claim Delays Near Crisis Level
Sep- Combine Impairments to Prove Disability
Oct- No Waiting Period Before Application
Nov- Parvin Honored by Fifth Circuit Attorneys
Dec- Holiday Greetings, Plans for Next Year
2003
Jan- Claimants May Draw from Multiple Benefit Programs
Feb- The First Two Stages of Claim Appeals
Mar- Complex Regional Pain Syndrome
Apr- Non-Hodgkins Lymphoma and the Law
May- Coronary Artery Disease
Jun- Disability Insurance Benefit Payment Rates
Jul- HIV Disability Standards Still Evolving
Aug- Standards for Medical Reports in Disability
Claims
Sep- Closed Period of Disability May be an
Option
Oct- Unemployment Benefits and Disability Law
Nov- SSI Benefits for Children with Disabilities
Dec- Big Changes at Social Security
2004
Jan-Early Retirement or Disability Benefits?
Feb- SSA Clarifies Rules on Substance Abuse
Mar- Qualified Immigrants May Receive SSI
Apr- Person Injury May Result in Benefits
May- Five Ways the Attorney Helps the Claimant
Jun- Preparing a Successful Social Security
Disability Claim |