Disability Cases.  For the 18th year, Kramer Levin summer associates represented low-income Social Security disability claimants in administrative proceedings before the Social Security Administration (“SSA”), working with CeDAR.  Then-summer Associates Christopher Deal, Jennifer Diana, Julia Errea, Hatsuki Miyata, and Seth Schinfeld, supervised by Kramer Levin lawyers John Bessonette, James Grayer, Susan Jacquemot, Jodi Rosensaft, and Robert Wollin, represented five claimants in their requests for reconsideration of the denial of their claim for Social Security disability benefits.  Each Summer Associate represented a claimant in a hearing before an administrative law judge, winning benefits in most cases.

Jeff Trachtman, Michael Sternhell, and Josh Kelner have also worked with CeDAR to challenge the SSA’s policy of failing to consider the combined impact of all of a claimant’s impairments in evaluating children’s SSI claims.  Kramer Levin helped CeDAR brief the merits of the issue in connection with two different cases pending before Southern District judges and also briefed a class action certification motion in one of the cases.  The Second Circuit rejected our appeal in one of these cases in May 2003, in a decision that nevertheless established important principles and expressly invited further litigation.  Taking up the Second Circuit’s suggestion, the Kramer Levin team worked with CeDAR to launch a new class action challenging the agency’s ongoing illegal practice.  Motions for summary judgment and class certification were briefed by early 2005 and the matter remains under submission.

Lauren Freeman-Bosworth, supervised by Jeff Trachtman, worked with CeDAR to represent a claimant with multiple disabilities in an appeal to the Second Circuit.  Although the claimant suffered from both physical and psychological impairments, the agency had improperly failed to consult a vocational expert, as required by Second Circuit caselaw, and disregarded significant treating physician evidence.  After Lauren filed the opening brief on behalf of the client, the agency agreed to reverse its decision and remand the case for a new hearing.

Maura Lynch, supervised by Susan Jacquemot, represented a claimant in connection with a federal district court appeal from an administrative decision that denied her Social Security disability benefits.  The client suffered from a variety of mental impairments including bipolar disorder. In remanding the case for further administrative proceedings, the court found that the Administrative Law Judge had committed errors of law in evaluating the evidence of claimant’s disability and issued an important ruling with respect to plaintiff’s functional limitations that will assist plaintiff in establishing her claim on remand.  Cesar Bello also helped to prepare certain of the submissions to the district court.

Family Law.  Kramer Levin’s long-standing relationships with inMotion and NYLAG continued in 2005 as the firm’s lawyers assisted clients with a range of family law needs.  •Alexandra Alberstadt and Tracy Sigal represented a woman seeking an uncontested divorce from her spouse on grounds of abandonment.  • Naomi Maryles and Zoe Liebowitz represented a woman in negotiating a separation agreement with her husband, to be converted to a divorce after filing.  The separation agreement conversion divorce is the sole method of no-fault divorce under New York’s Domestic Relations Law.  •Naomi Maryles obtained a divorce for a client on grounds of cruelty.  In addition to physically and emotionally abusing the client in front of her child, the husband had obtained control of her financial assets, leaving her destitute and forcing her into the New York City shelter system.  • Benu Mehra and Naomi Maryles completed their representation of a woman seeking a divorce from her husband on grounds of cruelty.  During the marriage, the husband repeatedly physically and verbally abused the client in front of her children and sold her personal property to support his addiction to crack cocaine.  •Tracy Sigal and Sukyong Suh, supervised by Stefanie Shaw, represented a woman seeking an uncontested divorce on grounds of cruelty.  During the marriage, the husband, who is currently incarcerated, verbally abused the client in front of her small children, repeatedly abused drugs and alcohol and abandoned the client and her children for periods of time without explanation.  • In a privately referred matter, Stephen Katz, Alexandra Alberstadt, and Geoffrey Potter, with assistance from lawyers in Kramer Levin’s Creditors' Rights Department, continued to assist a woman in obtaining access to and visitation with her children, collecting spousal support (both current and arrears), and preventing her ex-husband from discharging his spousal support and divorce-related judgments in bankruptcy court. 

Asthma Relief for Homeless Kids.  The firm continued during 2005 to monitor compliance with the settlement it negotiated in Dajour B. v. The City of New York, which required the City and State of New York to significantly increase their efforts to reach, screen, and treat eligible homeless children with asthma.  The firm devoted more than 3,000 hours of attorney time to litigating this suit, working with the Association to Benefit Children, The Legal Aid Society, and the Natural Resources Defense Council.  Partner David Frankel and Special Counsel Marjorie Sheldon led the Kramer Levin team, along with associates Parthena Psyllos, Justine Harris, and Susan Hawkins. 

Other Homelessness Matters.  Erin Walter helped Coalition for the Homeless coordinate legal services at fair hearings for homeless men and women evicted from homeless shelters for allegedly not following rules.  In an individual matter, Shoshana Menu and Carmel Gabbey helped a homeless couple keep their pet while waiting for housing.

Individual Counseling.  During 2005, Kramer Levin attorneys assisted several low-income senior citizens referred through the VOLS Elderly Project with estate planning issues.  Jonathan Fried, Sara Gleit, Howard Neuthaler, Mae Rogers, and Gordon Stone assisted by then-summer associates Alex Katz, Dana Katz, and Brooke Pollak represented four individuals in the preparation of a Will, Health-Care Proxy/Living Will, and Durable Power of Attorney.  • In a matter referred by the Legal Aid Society Low Income Tax Clinic, Sarah Gleit and Michael Seaton  succeeded in persuading the New York State tax department to withdraw its notice to our client imposing a ten percent income execution on his wages from his current job as a supermarket clerk.  Sarah and Mike showed that based upon our client’s current income and obligations the income execution could not be justified as a matter of law.  Maria is a member of the Advisory Board of the Clinic.  •  Shoshana Menu  participated in the Incarcerated Mothers Project run by VOLS, through which she has counseled women in prison about child custody and other legal issues.  •  Adam Price counseled a low-income singer/stage performer referred through Volunteer Lawyers for the Arts (“VLA”) in contractual matters regarding the production of the artist’s own one woman show.  • Eric Shimanoff counseled a low-income singer-songwriter referred by VLA regarding her rights in a musical that she wrote with the assistance of others.  • In another VLA matter,  Kevin Moss, Sharon Makower,  Erica Klein, Jessica Turko, and Meredith Bazemore advised a low-income designer regarding the registration of copyrights for handbag designs, an application for trademark registration, and possible formation of a company.  •  Abraham Safdie and Jessica Turko represented The Real Live Show, a hip hop band, in corporate matters regarding the internal partnership structure of the band and certain trademark and copyright issues, including license agreements.  • Natan Hamerman assisted a low-income client on SSI disability protect her one asset, a cooperative apartment, when a sublet tenant failed to apply for board approval or to pay rent.

Aid to Microentrepreneurs.  The Bushwick Federal Credit Union provides loans to low-income individuals starting small businesses in the Bushwick area of Brooklyn who otherwise might not be eligible to receive loans.  Kramer Levin provides free legal assistance to those small businesses who request legal help.  In June 2005, a group of corporate and tax partners and associates presented a free bilingual seminar in Bushwick to local microentrepreneurs discussing different corporate structures and the tax implications of each.  Kramer Levin has represented an eclectic mix of small businesses that reflects the vibrant Bushwick neighborhood.  Tracy Sigal provided legal advice in connection with obtaining licenses for a food vendor.  Chatchada Chiamprasert and Abraham Safdie assisted the owner of a martial arts instruction studio in incorporating his business and other matters.  Paul Connuck provided advice to the same owner in connection with possible patent protection for an innovative method of martial arts.  Eric Wise has advised an entrepreneur who is in the planning stages of an auto-parts business.  All of the participants enjoyed having the opportunity to provide high-quality legal advice, at no charge, to microentrepreneurs and small business owners who remain the driving force in New York's economy.

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