Court Decisions

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Decisions issued by a court of judge.

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Finch v. Commonwealth Health Insurance Connector Auth. (Finch 2)

SJC
In a unanimous decision, the SJC ruled that a 2009 state law excluding certain legal immigrants from eligibility for Commonwealth Care was unconstitutional. Finch II, 461 Mass. 232 (2012).  In an earlier ruling , the court found that the state law  was subject to strict scrutiny under…

Montgomery v Astrue, No. EDCV 09–8641–CW (C.D. Cal., Jan. 3, 2012)

CARLA M. WOEHRLE, United States Magistrate Judge
A reversal was appropriate where an ALJ failed to make specifics findings about the plaintiff's past relevant work as it was performed by the plaintiff and failed to compare the plaintiff's RFC to the specific exertional demands of his past relevant work. At step four of the sequential…

Michon v Astrue, Civil Action No. 10-30152-KPN (D. Mass. 2011)

Neiman U.S.M.J.
A thirty five year old claimant filed SSI and SSDI application alleging disability due to learning disabilities, a hip injury, depression and anxiety.  The ALJ denied the claimant's application at step V of the sequential evalatuion process.  The court held that the ALJ failed to…

Carpenter v. Astrue, No. 5:10–cv–249 (D.Vt., Sept. 7, 2011), 169 Soc.Sec.Rep.Serv. 431, 2011 WL 3951623 (D.Vt.)

CHRISTINA REISS, Chief Judge
 SSA denied dual applications for SSI and SSDI benefits for a younger individual (at the time of the AOD) with HS education and PRW as a truck driver, logger, and laborer. After a video hearing ALJ Thomas Merrill denied both applications and held that the applicant retained an RFC for…

McDonnell v. Astrue, 2011 WL 3475466 ( D.Mass., Aug. 8, 2011).

SAYLOR, District Judge
Claimant appealed the Commissioner's denial of her SSDI application arguing that the administrative law judge (“ALJ”) erred by (1) failing to consider her morbid obesity when determining her ability to perform substantial gainful activity in violation of SSR 02–1p and (2)…

Connor B. v. Patrick

Children's Rights Inc.
Legal documents filed in Connor B. v. Patrick, a class action lawsuit alleging that the Massachusetts Department of Children and Families (DCF) violates the constitutional rights of children by routinely placing them in dangerous and unstable situations once removed from their parents’…

Connolly v. Dir. of the Div. of Unemployment Assistance, 460 Mass. 24 (2011)

Supreme Judicial Court
The SJC found that a claimant who accepted a Voluntary Separation Package had not been terminated involuntarily even though the employer had announced a reduction in force and it was the employer who was given the "last step" in the termination process and took it by accepting the…

Perez v. Dir. of the Div. of Unemployment Assistance, Boston Mun. Ct., Docket No. CV 004076

J Forde, Boston Municipal Ct Dep't of the Tr. Ct. for Civil Business Cen. Div.
Finding that a nursing home employee's exposure to unwanted second-hand smoke constituted a non-disqualifying good cause for her leaving attributable to the employer. Advocate: Greater Boston Legal Services

Victory for legal immigrants challenging their exclusion from Commonwealth Care -- Finch v. Commonwealth Health Insurance (Finch 1)

MLRI
In a wonderful victory for legal immigrants, the Massachusetts Supreme Judicial Court ruled that the state law excluding legal immigrants ineligible for federal Medicaid reimbursement from the Commonwealth Care program is subject to strict scrutiny under the equal protection provisions of the…

Hoye v. Sebelius

U.S. District Court, D. Mass.
Skilled Nursing Facility patient sued on a denial of Medicare coverage by his Medicare Advantage plan.  The District Court remanded for a hearing to determine whether outpatient services were, as a practical matter, available and feasible.  The burden of proof on "available and…

Hutchinson v. Patrick -- Attorneys fees awarded

Selya, First Circuit, U.S. Court of Appeals
District Court (Judge Michael Ponsor) ordered substantial attorneys fees award for settlement in brain injury class action on February 8, 2010.  The District Court decision interpreted the First Circuit's Aronov v. Napolitano holding, and concluded that the settlement agreement, in…

Randall v Astrue, Civ. Action No. 09cv11273-NG (D. Mass, Feb. 15, 2011), 162 Soc.Sec. Rep. Serv. 582

Nancy Gertner, District Judge
An 49 year old SSDI applicant alleged disability due to anxiety, depression with episodes of suicidal ideation, pain in his left knee and back. The record was replete with evidence of alcohol abuse that seemed to be in remission within the last two years from the date of the disability onset. The…

Hogan v. Dir. of the Div. of Unemployment Assistance, Boston Mun. Ct., Docket No. 2010 01 CV 002825

Kenneth Fiandaca, Boston Municipal Court Dep't of the Tr. Ct. for Civil Business Cen. Div.
The Court found that the claimant, who violated a work rule by unintentionally falling asleep, did not engage in deliberate misconduct. Advocate: Greater Boston Legal Services

Decision Dracut School Comm v BSEA Civil Action 09-10966 PBS

Judge Patti Saris, USDJ
Federal Court Decides Dracut Appeal; Agrees transition services were denied but disagrees with suggested relief U.S. District Court Judge Patti Saris has now ruled on Dracut School District’s appeal of the first two decisions, both of which were favorable to the student.  While…

Kirby v. Astrue, 731 F. Supp.2d 453, No. 7:09-CV-146-BO ( E.D. N.C., Aug 3, 2010)

Terrence W. Boyle, District Judge
Fourth Circuit District Court granted the appellant's motion for summary judgment, remanding the case to SSA for an award of SSDI benefits. The court held that substantial evidence did not support the ALJ's determination that the claimant retained RFC for sedentary work and that the ALJ committed a…

Larson v. Astrue, No. 09-4037; -- F.3d --, No. 09-4037 (7th Cir. Aug. 3, 2010)

Woode, Circuit Judge
Remanded for an Award of Benefits The Appeals Court held that the ALJ failed to give controlling weight to the opinion of the claimant's treating physician where the treating physician's opinion was not inconsistent with the medical record as a whole. If the treating physician's…

Vossen v. Astrue, -- F.3d --, No. 09-1985 (8th Cir. July 16, 2010)

Bright, Circuit Judge
The Appeals Court remanded the case for a new hearing before the ALJ directing the ALJ to recontact the claimant's treating physician to authenticate parts of the RFC signed by the physician. Where the ALJ questions the authenticity of the data and observations that specifically addres the…

Rice v. Astrue, -- F.3d --, No. 09-10589 (5th Cir. June 22, 2010)

Patrick E. Higginbotham, Circuit Judge
The Fifth Circuit Court of Appeals held that the district court has no discretion to offset an EAJA award of attorney's fees with a future 42 U.S.C. Sec. 406 (a) award of attornye's fees by the Commissioner of Social Security. EAJA fees paid for work performed before federal courts and fees…

Court Order Deeming Wages Timely Paid

Boston Municipal Court
Court order entered following joint motion by UI claimant and DUA for reversal of denial of UI benefits.  Claimant did not receive timely payment for wages (within six days of end of pay period, per G.L. c. 148, sec. 149). Had wages been timely paid, claimant would have received them in second…

Clark v. Astrue, --- F.3d ----, 2010 WL 986544, Docket No. 08-5801-cv.

CALABRESI, Circuit Judge
The U.S. Court of Appeals for the Second Circuit has ruled that the Social Security Administration’s (SSA) policy of suspending Social Security and Supplemental Security Income (SSI) benefits whenever someone has an outstanding warrant for an alleged violation of probation or parole is…

Commonwealth v. Porter

SJC, Gants
The Supreme Judicial Court ruled that families residing in emergency shelter have a reasonable expectation of privacy in their bedrooms and that the shelter staff had neither actual nor apparent authority to give police consent to conduct a warrantless search, notwithstanding that the shelter…

Bazelon web site on Olmstead v. L.C. and subsequent cases

Bazelon Center for Mental Health Law
This web site tracks litigation which followed the U.S. Supreme Court's 1999 decision in Olmstead v. L.C., in which in the Court held that the unnecessary segregation of individuals with disabilities in institutions may constitute discrimination based on disability in violation of the Americans…

Tri-City Community Action Program v. Malden

Nancy Gertner, J., USDC
Judget Gertner found that a party can be deemed "prevailing" when it obtains a preliminary injunction upon a clear showing of likelihood of success on the merits, when the case is then mooted because the preliminary injunction gave plaintiff everything it needed.…

Lessard v. Wilton-Lyndeborough Coop School District 518 F3d 18 (1st Circuit 2008) 08-2244

LYNCH, Chief Judge, BOUDIN, Circuit Judge, and SAYLOR,District Judge
S. Lessard, a mutliply-handicapped student, attended Crotched Mountain Rehab Center in NH.  Parents advocated for her to move to a less restrictive environment, leaving Crotched Mountain and receiving home and community-based supports.  The appellate court found that Crotched Mountain provided FAPE…

Evans v. Astrue, No. 4:08-cv-66 (E.D. Tenn., Jan. 15, 2010)

Harry S. Mattise, Jr, District Judge
The U.S. District Court of the Eastern District of Tennessee held, inter alia, that the claimant was not deprived due process when she was required to testify over the video as opposed to an in-person hearing. The claimant's representative made a verbal request for a "live hearing" prior the video…

First Circuit affirms approval of settlement in Rolland; motion to decertify class denied

First Circuit Court of Appeals
The First Circuit affirmed the District Court's approval of an amended settlement agreement providing for community placement of individuals with intellectual disabilities who are inappropriately in nursing homes. Objections of some classmembers are rejected and denial of…

Successful Challenge to Zero Tolerance

Center for Law and Education (CLE)
Attorneys from Choate, Hall & Stewart LLP and the Center for Law and Education recently became among the first lawyers in the country, if not the first, to successfully challenge a school district's "zero tolerance" weapons policy as constitutionally invalid. The case, LB, a Minor…

Final Court Order, Martinez v Astrue, CASE NO. 08-CV-4735 CW

The Honorable Claudia A. Wilken, United States District Court Judge
  UNITED STATES DISTRICT COURT   NORTHERN DISTRICT OF CALIFORNIA   OAKLAND DIVISION   ROSA MARTINEZ, JIMMY HOWARD,    )       CASE NO.  08-CV-4735 CW ROBERTA DOBBS, BRENT RODERICK  ) SHARON ROZIER, and JOSEPH                )       ORDER DENYING MOTION T0SUTRYNOWICZ, on behalf of…

Stipulation of Settlement in Martinez v Astrue, Case No 08-CV-48735-CW

VICTORIA R. CARRADERO, U.S. District Attorney, GERALD A. McINTYRE, attorney for Defendant

Forest Grove School District v. T.A. 08-305

Supreme Court of the United States
Parents of a student with learning disablities removed him from the public school and placed him in a private academy when the district failed to provide services to meet his unique needs.  The court held that, "IDEA authorizes reimbursement for private special education services when a public…

Holliday v. Astrue, No. 05-CV-1826 (DLI) (VVP) (E.D. N.Y., May 05, 2009)

Dora L. Irizarry, District Judge
The U.S. District Court for the Eastern District of New York denied an unopposed Commissioner's motion for summary judgment and remanded the case for further consideration.  The court held that substantial evidence did not support the denial of a claimant's SSDI benefits where the ALJ failed to…

Brownawell v Astrue, 2008 WL 5147953 (3rd Cir, 2008)

Van Antwerpen, Circuit Judge
Treating Physician Rule. Evaluating Migraines An SSI applicant with a history of severe migraines, anxiety, and depression had two ALJ hearings followed by two petitions to the Appeals Council, two appeals to the district court and a final appeal to the Appeals Court for the Third Curcuit. The…

Arlington Central School District v Murphy No. 05-18 June 26, 2006

Supreme Court decision on expert's fees.

Vasquez v Astrue, 547 F.3d 1101 (9th Cir, 2008)

Selna, District Judge
Credit-as-True Rule, Pain Evaluation Remand for a new hearing was appropriate when the ALJ failed to properly evaluate the claimant

Notice of Class Action (American Council for the Blind v Astrue, No. C05-04696)

This notice contains important information related to a recently certified class action lawsuit against SSA on behalf of SSDI/SSI beneficiaries with visual impairments. Federal District Court encourages potential class action members to contact the plaintiffs' counsel with comments and…

Winkelman v. Parma City School District

US Supreme Court
Supreme Court case holding that the Individuals with Disabilities Education Act grants parents of a disabled child independent, enforceable rights, and such parents are entitled to prosecute IDEA claims on their own behalf in court. 127 S. Ct. 1994 (2007)

Notification of the Public about the Class Action - American Council of the Blind v. Astrue

Disability Rights Education and Defense Fund
This notice is an addition to the previously issued notification about a class action lawsuit of visually impaired SSI/SSDI beneficiaries and/or rep payees against SSA. The notice must be posted in all SSA district offices from November 14, 2008 to January 16, 2009.

Judge Certifies Class of 3 Million Visually Impaired Beneficiaries in SSA Lawsuit -- American Council of the Blind

Disability Rights and Education Defense Fund
American Council of the Blind v. Astrue

Waldron-Rogers v. ECM and Sallie Mae, No. 06-12739 (Bankr. D. Mass. 2008)

Joel B. Rothensal, United State Bankruptcy Judge
Discharge of student loans based on inability to repay due to the Debtor's obligations to care for her severely disabled child. "Totality of Circumstances" test.

Walrond-Rogers v. ECMC, Sallie Mae

Decision from the U.S. Bankruptcy Court for the District of MA (Eastern Division). The court held that the debtor can claim "undue hardship" asking to discharge her student loan debts where the debtor was a mother who cared for her seriously ill, impaired child and whose only source of…

C.G. & B.S. v. Five Town Communty School District 513 F.3rd 279 (1st Circuit) 07-1708

LYNCH, Circuit Judge, CAMPBELL and SELYA, Senior Circuit Judges
In a suit under IDEA, parents claim that school district (defendants) failed to provide a disabled student with a free and appropriate public education, judgment for defendants is affirmed where, although the individualized education plan created by the school district was incomplete, the…

Michigan federal court makes favorable ruling in fugitive felon case, and further guidance from NSCLC in 2011

National Senior Citizens Law Center
Another federal district court has rejected the SSA's policy of using the mere existence of an outstanding warrant to terminate benefits under its "fugitive felon" provisions. The case is Cambero v. Commissioner, No. 1:06 CV 551 (W.D. Mich., S. Div. Sept. 10, 2007)(attached). The court…

Judge orders "active treatment" for Nursing Home residents with mental retardation

A US Magistrate Judge has ordered the state to provide "active treatment" to residents of nursing homes with intellectual disabilities (mental retardation). The court essentially adopted the plaintiffs' definition of active treatment. The opinion and order in Rolland v. Patrick is attached…

Hutchinson case summary

A summary of the facts, legal claims, and requests for relief in the class action challenging the lack of community services for people with head injuries.

Lee v. O'Leary

Mark Coven, Quincy District Court
Claimant had good cause for quitting where payroll policy violated Massachusetts wage laws

Judgment in HCFA v. Romney dental access case

Judge Zobel
Judge Zobel's Feb 3, 2006 order on the relief for children & youth under age 21 denied access to adequate dental care in MassHealth. See the July 14, 2005 decision on the merits. Congratulations to HLA, GBLS & colleagues.

Rosie D Experts Summary

CPR has summarized the reports and findings of the expert witnesses in Rosie D v. Romney into a single report on The Status of Home-Based Services for Massachusetts Children with Serious Emotional Disturbance. A PDF version.

Rosie D. -- Summary of Opinion

Steven Schwartz, CPR
A summary of the US District Court's 98 page opinion in Rosie D. v. Romney. For copies of the decisions, as well as pleadings, memoranda and other papers filed in connection with the litigation, go to the Rosie D website, www.rosied.org

Rosie D. trial summary

A 3 page summary of the cliams and the trial in Rosie D v. Romney leading to the US District Court's finding that the state's EPSDT services for children with serious emotional disturbance violate the Medicaid law.

Rosie D v. Romney opinion

In a comprehensive 98 page opinion, a federal judge has held that Massachusetts' EPSDT services to children with serious emotional disturbances and mental illnesses violate the Medicaid Act. Congratulations to plaintiffs' counsel: Center for Public Representation, Mental Health Legal Advisors &…