Popular on EntSun
- Female Motorsports Sponsorship & Expansion; Acquisition Agreement of UAE-Based Sports Incubator by Online Lottery & Sports Game Provider: Lottery.com - 225
- WOA Entertainment Group Unveils Independent No.1's: Breakthrough Artists II —A Celebration of Indie Excellence - 206
- Experience Trembling Firsthand with the New AgeMan® Tremor Simulator - 206
- Edtech Startup Young Commanders Launches 'Visionaries Without Sight' Collection Celebrating Blind and Visually Impaired Historical Figures - 197
- Introducing Nene Wear: The Bold, Sporty Fashion Brand by Jeanne Myrick, Powered by KLM Enterprises - 184
- Let's Talk Series: At the Crossroads: Immigration Today - 148
- IRF Builders Forum Brings Global Leaders to Washington, D.C. to Advance Religious Freedom Through Cooperative Engagement - 131
- TEDxInglewood Returns to The Miracle Theater on August 9, 2025 — Celebrating Bold Ideas and Community Energy - 129
- Manhattan Boutique Real Estate Collaborates with InterContinental Hotels NYC in a Branding Partners Personalized Approach - 121
- Token-Operated Sake Service Opens at Tobu Nikko Station - 117
Similar on EntSun
- Valley Sleep Therapy Expands to Prescott with New Location at Crossings Road
- $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
- Inked & Maxim Model Teisha Mechetti Turns Heads—And Builds Community Impact
- AI-Based Neurotoxin Countermeasure Initiative Launched to Address Emerging National Security Needs: Renovaro, Inc. (N A S D A Q: RENB)
- The Naturist World Just Shifted — NaturismRE Ignites a Global Resurgence
- $796,000 in Q2 Revenue Marks Highest Earnings to Date on 3 Trailing Quarters of Profitability in Multi-Billion Homebuilding Sector: Stock Symbol: IVDN
- Cybersecurity is THE Hot Market Sector; Revenues, Earnings & Profit matter; Only 33 Million Shares + a Huge Short Position Equal an Undervalued Stock
- Spartan & Guardians Partner with Guitar Legend Buckethead to Support Global Child Rescue Efforts
- Winners Announced for Asia Pacific Business Awards 2024-2025
SSA's ALJs Were Unconstitutionally Appointed Prior to July 16, 2018
EntSun News/10790011
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 - EntSun -- 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 EntSun News
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 EntSun News
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 EntSun News
- Valley Sleep Therapy Expands to Prescott with New Location at Crossings Road
- Live Courageously Hosts Ann-Marie Murrell, Author, Journalist, Former Political Commentator
- $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
- YYNOT Brings High-Energy RUSH Tribute to the Weinberg Center this September
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 EntSun News
- Hire Virtue Announces Executive Sponsorship Opportunity for Houston Hiring Blitz & Job Fair on August 6, 2025
- Inked & Maxim Model Teisha Mechetti Turns Heads—And Builds Community Impact
- Plan to Launch Silo Technologies' Cybersecurity Pilot Program for Ultimate Nationwide Deployment via Exclusive Partnership: Stock Symbol: BULT
- Climaxe Throwing Celebrates 3-Year Anniversary with Grand Re-Opening Under New Ownership
- Robert Michael & Co. Real Estate Team Celebrates Industry Recognition and Showcases Premier Central Florida Listings
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
Filed Under: Business
0 Comments
Latest on EntSun News
- NYC Leadership Strategist Stacie Selise Launches Groundbreaking 4S Framework Series to Redefine Executive Excellence
- Make Innovation Matter: Support H.R.1's R&D Expensing Relief for American Small Businesses
- Agreement to Supply US-Based Defense Provider with Thin-Film Solar Tech for Orbital Application; Ascent Solar Technologies, Inc. (N A S D A Q: ASTI)
- Byrd Davis Alden & Henrichson Launches Independence Day Safe Ride Initiative with 500 Free Uber Credits
- Big Butler Fair Announces 2025 Music Lineup and Grandstand Events
- 2 Funny Native Comedy Night Comes To St Croix Casino Hertel
- databahn Launches GenAI Sales Intelligence Platform to Revolutionize Fortune 500 and Global 2000 Account Research
- IRF Builders Forum Brings Global Leaders to Washington, D.C. to Advance Religious Freedom Through Cooperative Engagement
- Black-Owned Media Continues To Take Center Stage:The Complete Network Officially Launches
- New PBS Travel TV Series Premieres as Host Michelle Valentine Celebrates 8-Year Wedding Anniversary
- Tucson, Arizona to be backdrop city for Vendetta Vette (c) Mini Movie Streaming late 2025
- Colorado Scenthound Locations Partner with Humane Colorado to Give Adopted Dogs a "Clean Start"
- Endoacustica Europe Unveils iPhone 13 Pro Max Spy Phone—Pure Hardware, Zero Software Changes
- Suzanne Harp named Managing Director in Texas, USA
- $10 Million Acquisition of GXR World Sports Assets Energizes Global Launch of Sports.com Super App by Online Lottery-Sports Game Provider: Lottery.com
- Shop American Made Goods: New Online Marketplace My American Goods Curates the Best of U.S. Made
- Investor Spotlight: Cycurion, Inc. (N A S D A Q: CYCU) Secures $69M in Contracts Amid Surging Demand for AI-Powered Cybersecurity Solutions
- $328 Million Global Stroke Rehab Market Opportunity Awaits AI Telehealth Leader Following Selection for NIH Funded Phase 3 Clinical Study: VSee Health
- Ascent Solar Technologies Enters Collaborative Agreement Notice with NASA to Advance Development of Thin-Film PV Power Beaming Capabilities: ASTI
- VoodooSoft Unveils SiriusLLM: The World's First ChatGPT-Like AI Malware Detection Engine