Social Security Benefits

If you are applying for Social Security Disability Insurance benefits and have a pending application for private long-term disability insurance benefits governed by ERISA, you should know that the 11th Circuit Court of Appeals has ruled that the insurance company has to consider the evidence in your Social Security Disability claim before they can make a decision. See Melech v. Life Ins. Co. of N. Am., 739 F.3d 663 (11th Cir. 2014).


The US Supreme Court recently ruled that derivative children–children of immediate relatives– who age out during the waiting period for a visa must restart the application process. This means, for instance, that your nephew or niece who was under 18 when the application was filed, but have since turned 18, must file a new application, with a new sponsor, and receive a new priority date. See SCIALABBA v. CUELLAR DE OSORIO issued in October 2014.

This is our first blog. Annette and I have never blogged, so it may take a while to get the hang of this. But here goes. Davis & Crain is adding Immigration law as a new practice area. We hope to serve the many people seeking to get legal residency for their relatives. We can help with applications for Green Cards. We will continue to provide legal assistance to those seeking relief under the Bankuuptcy Code, especially Chapter 7 and 13, and those denied disability benefits by Social Security.