Court Decisions

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

Decisions issued by a court of judge.

Displaying 151 - 200 of 294
View by Library Type
Sort by

Melendez v. Sec

per curiam -- Campbell, CJ; Bownes, Breyer, JJ
ALJ erred in concluding that treating doctor’s report was based solely on claimant’s subjective complaints.

Cassas V. Sec'y HHS

Regulations provide that in order to receive widow(er)s benefits, impairments must meet or equal a listing, and that age, education and work experience are not to be considered in disability determination. Court holds that residual functional capacity cannot be ignored in considering medical…

Guglietti V. Sec'y HHS

EAJA fees denied because Plaintiff did not meet definition of prevailing party. Plaintiff's success on remand pursuant to Reform Act of 1984 was not a litigatory success, nor was it a catalyst to the passage of legislation to the passage of legislation changing the standard. The Court rejected…

Becker V. Sec'y HHS

State intestacy laws determine paternity for Social Security purposes.

Gordils V. Sec'y HHS

ALJ may make common sense judgments about functional capacity based on medical findings as long as he does not overstep the bounds of a lay person's competence and render a medical judgment. Evidence regarding claimant's daily activities and demeanor at the hearing, plus doctor's…

Caterino, Et. Al V. Barry

Explains the requirements for intervention as of right.

In Re Bushkin Associates

To obtain a writ of mandamus, petitioner must show some special risk of irreparable harm and clear entitlement to the relief requested.

Colon V. Sec'y HHS

The denial of a request to reopen an application for disability benefits is ordinarily not reviewable in federal court, although an exception to this jurisdictional bar exists in "rare instances" where a colorable constitutional claim has been presented.

Ortiz V. Sec'y HHS

The Court "pays particular attention' to the ALJ's evaluation of complaints of pain in light of their subjective nature," quoting Sherwin v. Sec'y HHS, 685 F.2d 1,3 (1st. Cir. 1982). Under SSR 85-15, the ability to be punctual, attending work on a consistent basis and staying…

Dupuis V. Sec'y HHS

An ALJ's credibility determinations are owed "considerable deference." Claimant did not seek medical treatment during the time in question therefore there was no credible medical evidence supporting claim of pain during that time period. Appeals Council in this own motion review, did…

U.S. V. Comley

The district court must enforce an administrative agency subpoena if it is issued according to statutory procedures, for a purpose authorized by Congress, and the information sought is relevant to that purpose and adequately described. The role of a court in a subpoena enforcement proceeding is…

Torres V. Sec'y HHS

ALJ must determine what evidence he credits in order to pose a hypothetical which will be relevant and helpful. The issue of whether or not the testimony of a medical advisor who reviews the record and testifies at the hearing can alone constitute substantial evidence varies with the circumstances,…

Perez-Torres V. Sec'y HHS

ALJ was free to rely solely on the Grids where he found that nonexertional impairments did not have a significant impact on the claimant's ability to perform the full range of sedentary work. Complaints of pain found credible only in part. Because claimant sought no treatment for pain, ALJ was free…

Rodriguez V. Sec'y HHS

The testimony of a non-examining medical advisor--to be distinguished from the non-testimonial written reports in the instant case--can alone constitute substantial evidence, depending on the circumstances. Substantial evidence does not exist to support a finding that exertional impairments are not…

Vasquez-Vargas V. Sec'y HHS

ALJ adequately developed record for pro se claimant. ALJ used correct standard for assessing severity.

Figueroa-Rodriquez V. Sec'y HHS

Dysthymic disorder is severe impairment. To determine the severity of a mental impairment, an ALJ must rate the degree of functional loss in four areas that the SSA has identified as essential to work: 1) activities of daily living; 2) social functioning; 3) concentration, persistence, or pace; and…

Ramos Colon V. Sec'y HHS

Although the statute allows for a 25% maximum, it will often be the case that a reasonable fee (for time in the judicial review) is a much smaller amount, even in the face of a contingency fee agreement. Determination is in the sound discretion of the District Court. NOTE: In this case the attorney…

Tsarelka V. Sec'y HHS

Fibrositis. Although Appeals Council was uncertain that fibrositis is a recognized disease, it emphasized that the nomenclature used to diagnose a condition is immaterial to a finding of disability. Medical expert's sworn statement that "if claimant has fibrositis" she is disabled, not…

Fiqueroa-Rodriquez V. Sec'y HHS

Szlosek V. Sec'y HHS

Title II benefits recouped for overpayment recovery can be counted as income when determining SSI payment levels. Counting withheld Title II amounts as income does not violate the availability principle. This was brought as a class action with a Massachusetts class certified.

Sprandel V. Sec'y HHS

Court gives considerable deference to an agency's interpretation of its own regulations,and construe the provisions of the relevant regulations and statutes to have cohesive meaning. It looks first to the intent of Congress as expressed in the statutory language, and, if silent or ambiguous,…

Torres V. Sec'y HHS

A dismissal of a hearing request on res judicata grounds, where the current claim has the same factual basis as the earlier decision, is not reviewable. A purely discretionary hearing held for purposes of receiving allegedly new and material evidence is not a hearing within the meaning of 42…

Pineault V. Sec'y HHS

Transferable Skills. In determining whether a claimant of advanced age (55 and older) is able to transfer skills to sedentary work, must first show that skills are highly marketable.

Rivera-Figueroa V. Sec'y HHS

Grid use precluded in view of history of significant mental disorders. Court questions ALJ's ability to assess claimant's RFC when unaided by any physician assessment.

Mass. Medical Society V. Dukakis, Et Al.

Upholds law which requires all physicians to charge Medicare patients no more than the Medicare-determined reasonable fee.

Sckolnick V. Harlow

Order to pay bond is not an attachment or garnishment prohibited by the Anti-Assignment clause of the Social Security Act, 42 U.S.C.

Fernandez V. Sec'y HHS

Alcoholism and severity. Post McDonald; application of SSR 85-28.

Borden V. Sec'y HHS

Knapp V. Sec'y HHS

Recipient who failed to report changes in her husband's overtime earnings between annual evaluations was "not without fault."

Dudley V. Sec'y HHS

ALJ allowed to rely on medical advisor's opinion in the face of contradictory findings. Claimant's burden at Step 4 includes proving the particular demands of past work that she cannot perform. Secretary allowed to rely on medical advisor's opinion that the treadmill exercise test was…

Barrientos V. Sec'y HHS

Consulting examiner's opinions carry no less weight than those of the treating physician. Post - McDonald decision. Discussion of SSR 85-28.

Frustaglia V. Sec'y HHS

Ability to Stoop. Stooping means to "bend forward from the waist." The credibility determination by the ALJ, who observed the claimant, evaluated his demeanor, and considered how that testimony fit in with the rest of the evidence, is entitled to deference, especially when supported by…

Gonzalez Perez V. Sec'y HHS

Error for ALJ to discount medical report because it was obtained after claim filed and on advice of counsel. It's common practice in Social Security cases to obtain further medical reports in support of claim. ALJ's decision to discredit medical reports must be based on something more substantive…

McCuin V. Sec'y HHS

Own motion reopening by Appeals Council limited to 60 days; reopening after 60 days allowed only on the motion of claimants. Court gives considerable deference to an agency's interpretation of its own regulations,and construe the provisions of the relevant regulations and statutes to have…

Sierra Club V. Sec'y of Army

Slessinger V. Sec'y HHS

State, not federal law of divorce governs validity of claim. Even in the presence of substantial evidence, the Court may review conclusions of law.

MAOA v Sharp

First Circuit
Mass. Assoc. Older Americans (MAOA) v. Sharp, 700 F.2d 749 (1st Cir. 1983), contempt order upheld (1st Cir. 10/15/86). State-wide class action involving a number of application issues in the administration of the state Medicaid program, including issues of application delay and automatic termination…

Rose v. Sec

McNaught, D.J.
Transportation to Work. At Step 4, test is whether claimant has ability to return to past relevant work performed at substantial gainful activity level. Past insubstantial activity cannot demonstrate an ability to perform SGA. Available at DLC. Deference owed to ALJ’s credibility…

Avery V. Sec'y HHS

Leading case setting out analysis to be used in analyzing pain. There must be a clinically determinable medical impairment that can reasonably be expected to produce the pain alleged. Other evidence including statements of the claimant or his doctor, consistent with the medical findings, shall be…

Polk v. Sec

Breyer
Remand in pain case where ALJ mischaracterized claimant

Lancellotta V. Sec'y HHS

Vocatoinal Factors. Stress. "Stress is not a characteristic of a job, but instead reflects an individual's subjective response to a particular situation ... Without an evaluation of Lancellotta's vocational abilities in light of his anxiety disorder, there is no basis for the ALJ's…

Gonzalez-Avala V. Sec'y HHS

Treating physician's opinion not binding on Secretary. Step 2 termination.

Albors V. Sec'y HHS

Transferable Skills. Managerial skills have universal applicability (across industry lines); transfer can therefore be accomplished with very little vocational adjustment, even in an individual of advanced age. Pain rejected as disabling because non-examining physician took pain into account in…

Brewster V. Dukakis

EAJA permits payment of attorney fees to public sector law office that provides services pro bono.

Mazzola V. Sec'y HHS

Express statutory language indicates legislative intent that revised medical criteria in the Reform Act of 1984 are inapplicable to a claim of mental impairment in which the initial determination, reconsideration, and hearing on the initial disability determination were made or held prior to the…

Cruz Rivera V. Sec'y HHS

Cert. denied, 107 S.Ct. 903 (1987). Claimant is not entitled to disability benefits unless he can demonstrate that his disability existed prior to the expiration of his insured status. Denial on severity grounds upheld. Epilepsy began after date last insured.

Crosby V. SSA

"It would be an unwarranted judicial intrusion into this pervasively regulated area for federal courts to issue injunctions imposing deadlines with respect to future disability claims." Suit for injunction requiring Social Security Administration to adjudicate claims for disability…

Munoz V. Sec'y HHS

McDonald V. Sec'y HHS

Step 2 (sequential evaluation) severity requirement is hereinafter to be a de minimus policy, designed to do no more than to screen out groundless claims. Various non-severe impairments viewed in combination may be disabling. SSR 85-28. See "severity" for discussion. Various non-severe…

Dvareckas V. Sec'y HHS

Absent a colorable constitutional claim not present here, a district court does not have jurisdiction to review the Secretary's discretionary decision not to reopen an earlier adjudication. Appeal barred by res judicata where, even though claimant's second application was not identical to…