United States Second Circuit

In a dispute involving Supplemental Security Income benefits, district court's grant of defendant's motion for judgment on the pleadings and dismissal of plaintiff's complaint is affirmed where: 1) disclosures regarding the statutory right to counsel in social security hearings beyond those mandated by statute are salutary but not required; and 2) plaintiff received the statutorily required disclosures and knowingly and voluntarily waived the right to counsel at the hearing before the ALJ.

Appellate Information

• Decided 04/14/2009
• Published 04/14/2009

Judges

• CALABRESI, Circuit Judge:, Before NEWMAN, CALABRESI, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Howard D. Olinsky (Jaya A. Shurtliff, on the brief), Olinsky & Shurtliff, LLP, Syracuse, N.Y., for Plaintiff-Appellant (on submission).


• For Appellees:
  
• Ellen E. Sovern, Special Assistant U.S. Attorney (Barbara L. Spivack, Chief Counsel-Region II, Office of the General Counsel, Social Security Administration, of counsel), Glenn T. Suddaby, United States Attorney for the Northern District of New York, Syracuse, N.Y., for Defendant-Appellee (on submission).