Search for: "v. Astrue"
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27 Feb, 2007 3:00 am
Decided February 26, 2007. Memorandum Opinion by Magistrate Judge Susan K. Gauvey. (Approved for publication.) In an appeal of the denial of Social Security Disability Insurance
Benefits ("DIB"), the court held that the failure to consider plaintiff's obesity in combination with her other impairments (hypertension, diabetes, and peripheral neuropathy) violated
Social Security Administration (the "Agency") regulations and rulings and Fourth Circuit precedent. In so doing, the court declined to ...
25 Sep, 2008 6:24 pm
This is a hard one. Make even harder by the fact that both the majority opinion (written by Judge Friedman, sitting by designation from the Federal Circuit, and joined by Judge Randy
Smith) and the dissent (authored by Judge Betty Fletcher) make some pretty darn good points. On the one hand, I'm somewhat appalled that an attorney -- especially a potentially
not-very-good one -- can take a hefty amount of attorney's fees from a client in a totally simple case. The opinion here involves three ...
11 Mar 11:53 am
Sometimes the law can be flexible and do the right thing. Even in a snare-filled and hypertechnical area such as the contents of your notice of appeal, which is something that we
generally require you to do just right. For this reason, I agree with Judge Ikuta here. Though the opinion sounds somewhat grudging about it -- referring to "precedent compels us" and
the like. Whereas even as a procedure person, I'd have no such qualms. I think the Court of Appeals definitely both has jurisdiction and ...
17 Jun 10:51 am
I'm the parent of three children -- and, next month, if all things go as planned, a fourth -- and there's no doubt I'm the father of each of them. But particularly in the modern era,
the answer to the seemingly simple question "Who's your daddy?" is not always so facile. We all know the scoop about surrogacy, gay and lesbian adoption, etc. But today's Ninth Circuit
case has a new (and interesting) factual twist on the whole issue. A little background first. Back in 2004, the Ninth Circuit had a ...
5 Aug, 2008 7:43 am
... fees awarded under both § 406(a) and § 406(b). Wrenn ex rel. Wrenn v. Astrue, 525 F.3d 931, 936 (10th Cir.2008); Horenstein
v. Sec ... ., 35 F.3d 261, 262 (6th Cir.1994) (en banc), overruling Webb v. Richardson, 472 F.2d 529 (6th Cir.1972). Based primarily on ... 406(a) and § 406(b) to 25% of
the claimant's past-due benefits. Morris v. Social Sec. Admin., 689 F.2d 495, 497-98 (4th Cir.1982); Dawson v. Finch, 425 F.2d 1192, 1195 (5th Cir.1970). Because the plain
text of § 406(b) limits only the award of ...
16 Jun, 2008 7:05 pm
In McCarthy v. Astrue, Comm. of SS (SD Ind., Judge Young), a 7-page opinion, Judge Bauer writes: McCarty filed a complaint in the United
States District Court for the Southern District of Indiana, ... district court properly found that the ALJ's decision was supported by substantial evidence. McCarty's appeal is
dismissed. Note from ILB: Here is a link to 7th Circuit briefs in the above case. In Elder v. Astrue, Comm. of SS (ND Ind., Judge
Sharp), a 15-page opinion, Judge Kanne writes: Dianna Elder ...
9 Sep, 2008 2:14 pm
... him, summary judgment in favor defendant is affirmed where according to prior precedent, Carver v. Dennis, if there is nothing in the record to belie the conclusion that the
termination was because of the political ... U.S. 8th Circuit Court of Appeals, September 05, 2008 Barnett v. Roper, No. 07-1234 "Denial of a petition for habeas corpus is
affirmed where: 1) ... U.S. 8th Circuit Court of Appeals, September 05, 2008 Ratliff v. Astrue, No. 07-2317 "In an attorney's fee
dispute interpreting the Equal ...
28 Aug, 2008 4:57 pm
... be offset against child support owed to a county's human resources department. Reeves v. Astrue, ___ F.3d ____, 2008 WL 1930587
(11th Cir. 2008). ... raises, by itself, a strong probability that the offending party is unfit to act as a custodial parent." Melikishvili v. Grigolava, ___ N.Y.S.2d ____, 2008
WL 1903522 (N.Y ... husband's claim that a disproportionate division requires "dissipation" rather than "diminution" of assets. Martel v. Martel, 944 A.2d 575 (N.H. 2008). A
husband fared better in the ...
1 May 3:48 am
... Rights Act of 1991; for more on GERA see 29 CFR 1603 here] Ø Purchase v. Astrue, No. 08-1443 (4th Cir. Apr. 28, 2009)(Unpub) ...
their employer. LA Ø NEWS · [4-7] The ADA action shifts to reasonable accommodation; Picard v. St. Tammany Parish Hospital ME Ø FILED · PharMerica sued by African immigrant ...
include a link. The link is here A prior newsletter erroneously reported that the decision in Chadwick v. WellPoint, Inc. was issued by the 2nd Circuit; au contraire, it was
issued by the 1st Circuit.
15 Mar, 2007 1:10 am
... Lead Circuit To Reassign Re-Sentencing for Heroin Trafficking United States, appellee v. Fanta Kaba, defendant-appellant NEW YORK COUNTY Labor Law Results ... Follow
Sentence, Commitment Sheet; Exceeded Authority in Imposing PRS Matter of Waters v. Dennison KINGS COUNTY Criminal Practice Doctrine of Mootness Inapplicable; Petitioner Denied
... DISTRICT OF NEW YORK Social Services Law No Likelihood of Success on Claims Against Benefits' Suspension Due to Parole, Probation Violation Warrants Clark v. Astrue ...
10 May, 2007 1:14 am
... Agreements in Civil Trials for Damages Constitute Settlements, Are Enforceable as Such Cunha, appellant v. Shapiro, respondents NEW YORK COUNTY Insurance Law Princeton
Trustees Granted ... s Actual Place Of Business; Service of Process There Improper Ascencio-Sutphen v. McDonald's Corp. KINGS COUNTY Contracts Contract Breached by Unilateral
Termination ... COURT SOUTHERN DISTRICT OF NEW YORK Social Services Law Decision Denying Benefits Stands; Judge's Correction of Prior Errors Cited Montanez v. Astrue ...
25 Oct, 2007 1:29 am
... any of the decisions listed which interest you. [www.nylj.com] Higazy, plaintiff-appellant v. Templeton, defendant-cross-claimant-cross-defendant-appellee Subscription
Required U ... Education Teacher Attains Tenure by Estoppel; Entitled to Hearing Prior to Discharge Felzin v. Board of Education of the City School District of New York
Subscription Required KINGS ... s Fee Award Sought Under Act in Social Security Action Dudelson v. Astrue Subscription Required U.S.
DISTRICT COURT SOUTHERN DISTRICT OF NEW ...
18 Mar, 2008 1:15 am
... ' Heirs Not Entitled to Ownership Interest; Rule Nonpartners With Beneficial Interest Sperber v. Rubell NASSAU COUNTY Contracts School District Not Required to Defend,
Indemnify Teacher ... Examines 42 USC §405(g); Remands Benefits Proceeding for Judicial Review Curto v. Astrue U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK Civil Practice ... Months Allotted to Incoming Counsel For Trial Preparation Is Reasonable, Excludable United States v. Emmanuel Oruche et al. U.S.
DISTRICT COURT WESTERN DISTRICT ...
22 May, 2008 1:48 am
... Counsel Summary Judgment Dismissing Complaint in Malpractice Suit Breslin Realty Development Corp. v. Shaw NASSAU COUNTY Criminal Practice Surety Cannot Enter Judgment Based
on ... Class Certification Denied to Parents Who Claimed School Misrepresented Accreditation to Issue Diplomas Dungan v. The Academy at Ivy Ridge U.S. DISTRICT COURT NORTHERN
DISTRICT OF NEW YORK Social Services Law Denial of SSI Benefits Reversed; Benefits Due To Be Calculated; Listing 11.07D Ruled Satisfied Stern v. Astrue
4 Aug, 2008 8:13 am
... Policy Issued; Lapse in Coverage Denies Stay of Arbitration Matter of Esurance Co. v. Birikorang Company Granted Summary Judgment Based on 'As- Built' Document; No Triable
Issue ... Post-Trial Directed Verdict As Plaintiff Fails to Explain Gap in Treatment Herbert v. Edgebe RICHMOND COUNTY Alternative Dispute Resolution Shareholders Agreement
Contains Broad ... ; ALJ Need Not Perform Function Analysis, Sedentary Work Supported Novak v. Astrue U.S. DISTRICT COURT SOUTHERN
DISTRICT OF NEW YORK Personal ...
27 May 1:12 am
... Exchange Procedure for New Inmates Not Unconstitutional Strip Search Kelsey, plaintiffs-appellees v. County of Schoharie, defendants-appellants NEW YORK COUNTY Civil Practice
Pension ... Did Not Indicate Manner of Exhibiting Photo Spread To Witness Was Suggestive People v. Davonne Jenkins NASSAU COUNTY Insurance Law Free With Registration: Tenant,
Whose ... Mental Impairment;'Colorable' Due Process Violation Claim Not Raised Velsor v. Astrue U.S. DISTRICT COURT SOUTHERN DISTRICT OF
NEW YORK Contracts ...
13 Jul 1:00 am
... Subscription required for online access unless otherwise noted:. Wright, plaintiff-appellant v. Commissioner of Internal Revenue, defendant-appellee U.S. COURT OF APPEALS,
SECOND ... Assaults Arising from Taxi Accident Were Not Committed 'In Furtherance' of Homicide People v. Hassan Afzal BRONX COUNTY Criminal Practice Breathalyzer Procedure
Improperly Creates ... Evidence Supports Finding Plaintiff Not Disabled Before Age 22 Vella v. Astrue U.S. DISTRICT COURT SOUTHERN
DISTRICT OF NEW YORK Criminal ...
19 Oct 1:39 am
... , Search and Seizure Proper, Court Denies Suppression of Gun, Marijuana People v. Hobson QUEENS COUNTY Criminal Practice Defendant Is Denied Dismissal of Endangering Welfare,
... in Remand of Lyme Disease Sufferer's Challenge to Disability Benefits' Denial Moulding v. Astrue U.S. DISTRICT COURT SOUTHERN
DISTRICT OF NEW YORK Legal ... Firm Disqualified as Conflicted Due To Its Representation of Plaintiff in Related Action Merck Eprova AG v. Prothera Inc. U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK ...
9 Jul, 2007 1:08 am
... Employer Directed to Answer Interrogatories About His Religious Beliefs in Discrimination Case Fairchild v. Riva Jewelry Manufacturing Inc. NEW YORK COUNTY Juvenile Law Court
... of Issue, Action Reverted To Pre-Note Status; CPLR §3404 Inapplicable Rosario v. Ortiz Funeral Home Corp. KINGS COUNTY Legal Profession Counsel Fails ... DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK Social Services Law Plaintiffs Fail to Show Social Security Administration Violates Disability Assessments Encarnacion v. Astrue
18 Jan, 2008 12:07 am
... Modification of Custody Agreement, Fails to Prove Substantial Change in Circumstances Matter of Neil A. v. Sobeida A. Subscription Required NASSAU COUNTY Trusts and Estates
Son Fails ... Due to Failure To Produce Records in Corporate Veil Pierce Action Cordius Trust v. Kummerfeld Subscription Required U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW ...
Evidence Supports Commissioner's Decision That SSI Applicant Not Disabled Wells v. Astrue Subscription Required U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW ...
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