John Goss , Derrick Arrowood – 405(u) Fraud Redeterminations
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You may recall the October 2013 60 Minutes episode in which Attorney Eric Conn of Prestonsburg, Kentucky was the focus of a segment on potential disability claims fraud. In mid-2015, the SSA began a large redetermination of claims accepted for disability between 2007 and 2011. The NOSSCR issued a request for volunteers to represent over 1000 claimants whose payments were jeopardized. Hundreds of hearings have taken place, and it looks that around half of these applicants will have their benefits retroactively revoked. There will be hundreds of cases in Eastern Kentucky that are ready for federal court appeal, considerably beyond the capacity of local lawyers. These claimants and their local counsel are on the lookout for appellate counsel. While the administrative hearings have been pro gratis, payments for federal court appeals may be possible.
The cases raise distinct difficulties originating from the method employed in these redeterminations, ranging from due process challenges to Administrative Procedure Act breaches to violations of numerous disability adjudication regulation standards.
This session will provide
A summary of the facts uncovered throughout the investigations and various processes that led up to these redeterminations;
A summary of the arguments raised in several federal court appeals;
A review of the procedural issues in these appeals;
A status report on ongoing lawsuit
1 Attorney Goss & Fentress PLC Related Seminars and Products
University of Law:
Class of 1977, College of William and Mary
September 1977, Virginia State Bar 38 years of active practice
Authorized to Practice:
September 1977, Virginia Supreme Court
Fourth Circuit Court of Appeals, United States District Court for the Eastern District of Virginia
Legal Practice Areas:
Law Regarding Social Security Disability
Personal Injury Attorney
Virginia State Bar, Virginia Trial Lawyers Association, NOSSCR, and the American Bar Association
Mr. Goss started his legal career in 1977 with the Tidewater Legal Aid Society in Norfolk, Virginia. He defended disability applicants in Virginia’s Tidewater region in Social Security Administrative tribunals, the United States District Court in Norfolk, and the United States Fourth Circuit Court of Appeals for four years. When he went into private practice in 1982, he continued to serve disability claims, and he has represented hundreds of disability claimants throughout his legal career.
Mr. Goss replied in 2015 to NOSSCR’s appeal for attorneys to defend disability claimants facing redeterminations in Eastern Kentucky and West Virginia. He has represented nearly 50 of these plaintiffs to far. He has been involved in educating volunteer attorneys in Kentucky, and he is a regular contributor to Charles Hall’s list serve, which allows experienced practitioners to share knowledge with other volunteer attorneys.
Mr. Goss is counsel of record in the West Virginia class action, and he appeared with his co-counsel yesterday in U.S. District Court in Huntington, West Virginia, for argument on the plaintiffs’ motion for a preliminary injunction.
Mr. Goss is one of six 2016 American Bar Association Pro Bono Award honorees. His efforts on behalf of these disability applicants have been recognized with this award.
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The Law Firm of Charles T. Hall, P.C.
Derrick Arrowood is a Raleigh, North Carolina-based associate attorney at the Charles T. Hall Law Firm. Derrick, who is originally from Western North Carolina, earned a double degree in History and English from the University of North Carolina in Chapel Hill in 2007. Derrick subsequently went on to attend the University of North Carolina School of Law, where he was a member of the North Carolina Law Review before graduating with honors in 2010. Derrick presently resides in Durham, North Carolina.
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