Chermol & Fishman, LLC

Experience from the inside, now on your side.

We do not request reimbursement of costs
(such as repayment for obtaining medical records) from veterans nor from people who suffer from multiple sclerosis.

Call today for a free consultation
1-888-774-7243
  • Firm Overview
  • Attorney Profiles
  • Practice Areas
  • Disability Conditions
  • Common Questions
  • Contact Us

Chermol & Fishman, LLC – Wins EAJA Dispute in Delaware

Today the United States District Court for the District of Delaware granted Chermol & Fishman, LLC’s motion for attorney fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d).  Additionally, the Court reaffirmed and discussed its underlying order to overturn the Social Security Administration’s (SSA’s) attempt to deny Plaintiff’s application for disability benefits. (Click here to read the full text of the decision).

EAJA Award

Despite lengthy objections from the Office of General Counsel (OGC), the Court awarded Chermol & Fishman, LLC, every single penny of the $9,540.95 in attorney fees that we requested.  All of OGC’s objections to attorney fees were flatly rejected by the Court.[/vc_column_text]

Order Overturning SSA’s Denial of Benefits and Remanding the Case

Through diligent and meticulous work, Chermol & Fishman, LLC, demonstrated to the Court that that the Administrative Law Judge (ALJ) in this case had committed multiple legal and factual errors. In ordering remand, the Court reaffirmed several key legal principles that Plaintiff’s attorney, David F. Chermol, had argued:

  • An ALJ may not substitute his lay judgment for the expertise of examining medical doctors.
  • An ALJ must re-contact examining medical experts when the medical report contains a conflict or ambiguity that must be resolved.
  • An ALJ may not rely on a Residual Functional Capacity Assessment (RFC) that consists solely of medical assumptions concerning the accommodations a Plaintiff would need in the work place without record support.

Disclaimer: Chermol & Fishman, LLC, takes considerable pride in what we believe to be our exceptionally high 87.7% overall win rate in federal court appeals, and 62.3% voluntary remand rate (RVR) since we began keeping track in 2008 (last updated 01/02/2012).  However, it is extremely important to remember that a favorable outcome is NEVER guaranteed.  Additionally, past success is NOT a guarantee of future or continued success.

Contact Us





    Our Office Locations

    Pennsylvania

    11450 Bustleton Avenue
    Philadelphia, PA 19116

    New Jersey

    220 Lake Drive East, Suite 205 Cherry Hill, NJ 08002

    Texas

    4105 Spring Meadow Lane
    Flower Mound, TX 75028

    Florida

    16455 Collins Avenue
    Sunny Isles Beach, FL 33160

    About

    Attorneys at the Law Offices of Chermol & Fishman, LLC. handle Social Security Disability (SSD) and Supplemental Security Income (SSI) claims throughout the United States with offices in Pennsylvania, New Jersey, Florida, Georgia, and Texas.

     

    Resources

    • Social Security Disability Lawyer
    • Supplemental Security Income
    • The Application Process
    • The Appeals Process
    • FDC Appeals

    Connect

    DMCA.com Protection Status

    For Professionals

    If you are an attorney, non-attorney representative, or a medical professional, please view our information for professionals.
    • Firm Overview
    • Practice Areas
    • Privacy Policy
    • Disclaimer

    © 2020 Chermol & Fishman, LLC. All Rights Reserved.