Court Decisions

Enter the word(s) you are searching for; use quotes for exact phrase

Decisions issued by a court of judge.

Displaying 101 - 150 of 294
View by Library Type
Sort by

Court victory in dental rate case: Health Care for All v. Romney

In a 30-page opinion federal district court judge Zobel finds for plaintiffs on their claims that children & youth under age 21 have been denied access to dental care in MassHealth in violation of federal statutory requirements of "reasonable promptness" and EPSDT due in part to low…

Order deeming late payments of wages as timely paid when “earned” to ensure eligibility for unemployment

Boston Municipal Court
Order affirming parties' joint motion to deem late payments of wages as timely paid when “earned” to ensure eligibility for unemployment under G.L. c. 151A, § 1(w)).

Hancock v. Driscoll SJC opinion (02/15/05)

A majority of the Justices declined to adopt the conclusion of the specially assigned judge of the Superior Court that the Commonwealth presently is not meeting its obligations under Part II, c. 5, § 2, of the Massachusetts Constitution, and rejected her recommendation for further judicial…

Vo v. City of Boston (including ISD consent form for tenants)

US District. Ct., MA
Vietnamese Families, Greater Boston Legal Services, and the City of Boston Settle Lawsuit Through Consent Decree Defining “Lodging House,” Improving Inspection Procedures, and Affording Privacy Protections and Due Process Greater Boston Legal Services is pleased to announce that a Consent Decree…

**Index of First Circuit SSI/SSDI Law (wordperfect)

DLC

Index of First Circuit SSI/SSDI Law

Disability Law Center
Index stops in 2003.

Washington State Dept. of Social and Health Services v. Guardianship of Keffeler, 01-1420 (Decided 2/25/03)

U.S. Supreme Court
State's use of respondents' Social Security benefits to reimburse itself does not violate anti-assignment clause in 42 U.S. C. § 407(a). Neither the Department's effort to become a representative payee, nor its use of respondents' Social Security benefits when it acts in that capacity, amounts to…

Shapiro v. Paradise Valley Unified School District

Paez, Circuit Judge
The court held that the parents of a deaf student were entitled to tuition reimbursement for an out of state private school. The School District (Paradise Valley) did not provide FAPE and made procedural violations by holding an IEP meeting without the parents or a teacher from the out of district…

Rosie D. v. Swift

1st Circuit
The 1st Circuit held that the 11th Amendment does not protect state officials from federal law suits for prospective relief under the Medicaid Act.

Barnhart v. Walton, 122 S.Ct. 1265 (2002)

U.S. Supreme Court
Supreme Court decision dealing with 12-month duration requirement for SSI and SSDI eligibility and entitlement to trial work period. Agency's construction of statute was permissible, and made considerable sense in terms of the statute's basic objectives. In addition, the agency's regulations…

Gisbrecht V. Barnhart

Provision of Social Security Act limiting attorney fees to 25% of past-due benefits does not displace contingent-fee agreements that are within such statutory ceiling.

Brown v Astrue, Civil Action No. 09–40211–FDS (D, Mass, Aug. 3, 2011), 2011 WL 3421556 (D.Mass.)

SAYLOR, District Judge
A younger individual with high school education and past relevant work as an exterminator, receptionist, school-bus driver, and a customer-service agent filed a an application for SSDI benefits alleging disability due to depression, serum negative rheumatoid arthritis, migraine headaches, and…

Marengo V. First Massachusetts Bank, N.A.

SSI and SSDI benefits in bank account protected from offset by bank to recoup bank fees. Anti-assignment provision 42 U.S.C.

Freeman V. Barnhart

If applicant has met her burdens of production and proof at Steps 1-4 of sequential evaluation, then SSA has burden at Step 5 of coming forward with evidence of specific jobs in the national economy that the applicant can still perform. ALJ met burden at Step 5 to come forward with evidence by…

Mills V. Apfel

cert. denied 534 U.S. 1085 122 S.Ct. 822, 151 L.Ed.2d 704 (1/7/2002). Determination by Appeals Council that new evidence is not material is reviewable by Federal Court under Service v. Dulles, 354 U.S. 363, 1 L.Ed.2d 1403, 77 S.Ct. 1152 (1957) standard - i.e., decision is reviewable to extent that…

Seavey V. Barnhart

At Step 5, SSA bears burden to come forward with evidence showing that there are jobs the claimant can do despite limitations. Since SSA is not represented as a litigant, it is better to think of Step 5 not as a shifting of burdens, but as a rule that the claimant is not under any obligation to…

Buckhannon V. W.VA Dept. of Health & Human Resources

Court holds that the catalyst theory is not a permissible basis for an award of attorneys fees under the Fair Housing Act and the ADA. Instead, to be a "prevailing party," a party must have secured a judgement on the merits or a court ordered consent decree. This decision will affect…

Marengo v. First Massachusetts Bank, N.A., 152 F.Supp.2d 92 (D.Mass. 2001)

Gorton, District Judge
SSA, 207(a), 1631(d)(1), 42 USCA 407(a), 1383(d)(1) Extra-judicial attempts by bank to reach social security benefits may violate Social Security Act's anti-assignment provision where the procedure used is unduly coercive.

Ward V. Comm'r of Soc. Sec.

Remand for legal error not required where there is independent legal ground for the decision (application of correct legal standard would lead to the same result). Where claimant received both Social Security retirement benefits and civil service pension, Windfall Elimination Provision 42 U.S.C.…

Muldoon V. SSA

Cert. denied February 20, 2001, reported at 2001 U.S. Unpublished 1559. Prohibition on receipt of SSDI for persons confined pursuant to a felony conviction is constitutional. Effective April 7, 2000, disqualified class enlarged to include those who are confined pursuant to conviction of "a…

Sims V. Apfel

There is no Appeals Council issue exhaustion requirement. Although seeking AC review of ALJ decision is generally required in order to exhaust administrative remedies and obtain judicial review, claimant does not waive judicial review of an issue by failing to present it to the Appeals Council…

Weeks V. SSA Comm'r

An Appeals Council order remanding a case to the ALJ for further proceedings is not a final decision appealable to the federal courts. Federal court dismissed appeal for lack of jurisdiction. Court leaves open possibility of exceptions where Appeals Council's action is challenged on…

Cedar Rapids Community School District v. Garret F. 526 US 66 (1999)

US Supreme Court
This case is about whether meaningful access to the public schools will be assured, not the level of education that a school must finance once access is attained. It is undisputed that the services at issue must be provided if Garret is to remain in school. Under the statute, precedent, and the…

Splude V. Apfel

Court will not recharacterize retroactive SSI as SSD in order to undo recoupment of state aid from retro SSI. Policies in favor of recoupment of state aid from SSI and recoupment of overpaid SSI from SSD are stronger than policy to protect SSD from assignments under §407(a) of the Social Security…

Chester V. Callahan

Ability to Stoop. Medical records showing treatment limited to 10 months is evidence that impairment did not last the required 12 months. RFC limited claimant to four hours of sitting, less than the six hours usually required for sedentary work. This limitation erodes the occupational base more than…

Bermudez V. Sec'y HHS, No. 96-2318

Medical expert's testimony, coupled with the negative inference that arose from claimant's failure to seek any medical treatment for 21 years, and current assessments of appellant's medical condition, constitutes substantial evidence. ALJ's choice among competing inferences was reasonable.

Manso-Pizano V. Sec'y HHS

At Step 4, the ALJ is entitled to credit the claimant's own description of her past work and her functional limitations, but the ALJ has some burden independently to develop the record. Citing Santiago, 944 F.2d 1 (1st Cir. 1991). Remand. Illegibility of non-trivial parts of medical record,…

Tremblay V. Sec'y HHS

Social Security benefits of claimant may be reduced upon receipt by claimant of disability pension under Civil Service Retirement System.

Rice V. Chater

Claimant's failure to seek treatment is not evidence of medical improvement where claimant didn't seek treatment for 2.5 years prior to initial disability finding. Whether claimant continues to meet a listing is not dispositive in determining medical improvement. ALJ erred in finding medical…

Gilbert V. Sullivan Sec'y HHS

Notice - reopening Secretary could not constitutionally refuse to reopen plaintiff's first application and that claimant should have been awarded SSDI benefits reverse remand.

Parisi V. Chater

In calculating benefits of dependent child of disabled worker , family maximum cap does not reduce child's benefits by amount of spousal benefits to which worker's wife is entitled but which were never payable. Calculation of family maximum only includes benefits on worker's record that…

Vasquez V. Sec'y HHS, No. 94-1793

ALJ did not err in relying on Grid where substantial evidence supported ALJ's conclusion that pain did not impair claimant's ability to perform light work.

Haitian Multi-Service Center v. DPW, HHS/OCR Resolution Agreement

Haitian Multi-Service Center v. Gallant (Admin. Complaint 01-91-3034) (Office for Civil Rights, Dept. of HHS ) Petitioner alleged that DPW [now DTA]violated Title VI of the Civil Rights Act of 1964 by denying limited- and non-English speaking persons equal access to DPW services. OCR informally…

Mansfield V. DPW, Worcester Sup., Memorandum of Decision and Order

**Mansfield v. Gallant (Civ. Action #93-0859) (Worcester Superior Ct. 4/15/94) Ct. reversed dismissal of a fair hearing request in a 30A challenge. Plaintiff's right to hearing guaranteed by MGL c 118E & c. 18 §16, 106 CMR §§343.245 & 343.230. DPW cannot delegate its…

Shaw V. Sec'y HHS, No. 93-2173

The credibility determination by the ALJ, who observed the claimant, evaluated her demeanor, and considered how that testimony fit in with the rest of the evidence, is entitled to deference.

Picopo V. Sec'y HHS

District Court does lack jurisdiction when claimant fails to file a timely complaint (60 days) after notice of Secretary's final decision.

Quintal V. Sec'y HHS

Rule barring Social Security benefits while confined due to a conviction and under a rehabilitation program does not violate equal protection.

Rose V. Shalala

Even though Chronic Fatigue Syndrome POMS were promulgated after adverse ALJ decision, previous version of same section of POMS re: evaluation of Epstein Barr Virus set forth the same principles. Since historically, EBV and CFS have been used interchangeably (even though the medical evidence is…

John Banks V. Sec'y HHS

District court erred in sua sponte, affirming denial of benefits without affording claimant an opportunity to brief the issues in the case. Follows holdings of 4th, 5th and 6th circuits. Claimant filed a Rule 59(e) motion to alter or amend the judgment after district court's affirmance and…

Gentle V. Sec'y HHS

Alternating Sitting and Standing. Claimant with ability to alternate between sitting and standing positions found to have sufficient residual functioning capacity for unskilled work. The need to alternate between sitting and standing does not preclude all sedentary work. SSR 83-12 provides that…

Lopes V. Sec'y HHS

Attorney may seek recovery of fees under both EAJA and Social Security Act but must return the amount of the smaller fee to the claimant.

Luis Sanchez-Quiles V. Sec'y HHS

Findings of medical equivalence must be based on medical findings that are at least equal in severity and duration to the listed findings.

Labrie V. Sec'y HHS

Absent an express indication to the contrary, a district court may retain jurisdiction pending a fourth sentence remand and thereafter render final judgment for EAJA purposes. Overruled by Shalala v. Schaefer 509 U.S. 292, 113 S.Ct. 2625, 125 L.Ed. 239 (1993) (Once a district court remands a case…

Domegan V. Ponte

cert. granted and judgment vacated 507 U.S. 956, 113 S.Ct. 1378, 122 L.Ed.2d 754 (1993). Prevailing party status is appropriate where claimant established a significant procedural due process deprivation and obtained an enforceable nominal damage award. Court applies de novo, rather than abuse of…

Santiago V. Sec'y HHS

At Step 4, claimant will be found not disabled when she retains the RFC to perform the actual functional demands and job duties of a particular past relevant job, as she performed it. The claimant is the primary source for vocational documentation. It's claimant's duty to describe her…

Irlanda Ortiz V. Sec'y HHS

Conflicts in evidence are for the Commissioner to resolve. Inference could be drawn that claimant would have secured more treatment if her pain had been as intense as alleged. Court will review ALJ decisions to determine if they are supported by substantial evidence. Court must uphold the…

Berrios Lopez V. Sec'y HHS, No. 91-1294

Report of non-examining, non-testifying physician may, under some circumstances, act as substantial evidence to support a finding that a claimant is not disabled.

Perez V. Sec'y HHS

ALJ is not qualified to interpret raw medical data in functional terms, but in this case, ALJ warranted in finding that claimant's physical impairments do not impose significant exertional limits without medical assessment of RFC. ALJ's observations at hearing were important Avery…

Johnson v. Canino-Siegrist (LEP Settlement)

Superior Court Dept.
Settlement in class action challenging food stamp IPVs where households did not receive penalty warnings in language in which the household is fluent.

Johnson V. DPW, Suffolk Sup., Special Master's Report

GBLS and DPW (DTA)
Johnson v. DPW, Suffolk Sup. #82238 (8/15/91), Advocate: Lynn Girton, GBLS. Stipulation for settlement of class action challenging certain policies of the Dept. with respect to food stamp recipients who are not fluent in English. Key elements of the stipulation: DPW will…