Court Decisions

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Decisions issued by a court of judge.

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Western Division Housing Court Reports

Various
The Western Division Housing Court Reporter is an unofficial compilation of decisions and orders issued by the Western Division Housing Court. This reporter is a collaborative effort by and among several individuals representative of the Court, the local landlord bar, and the local tenant…

Settlement: SNAP lawsuit against DTA about use of SNAP out of state

MLRI
  This information is for people who got a notice titled "Notice of Class Action Settlement in SNAP Lawsuit Against the Department of Transitional Assistance (DTA)." These notices were mailed by DTA on July 3, 2023. Click here to see the notice in English.  Para leer esta…

CMS directs Medicaid agencies to reinstate duals who were downgraded to Medicare Savings Programs only

CMS
On Mar 7, 2023 CMS issued a notice to all state Medicaid agencies pursuant to an injunction entered against CMS in a nationwide class action called Carr v Becerra filed in federal district court in Connecticut. The class consisted of people who had been determined eligible for Medicaid after…

Commonwealth v. Amanda L. Fay

Appeals Court
Unpublished Appeals Court opinion in a criminal case involving "man in the house" issues. The Appeals Court reversed a judgment against a defendant receiving child care assistance who had been found guilty of larceny based on testimony of an investigator that her partner was living with…

Settlement with EOHHS Regarding Treatment of Trusts and Administrative Appeal Timelines

MISC
This settlement with the Executive Office of Health and Human Services (EOHHS) arises out of several consolidated cases brought in Suffolk Superior Court. Congratulations to Nicholas Kaltsas of Elder & Disability Law Advocates, John Welch of Life Care Planning Law Group, and John Ford of the…

US vs. Carrillo Lopez

Du, Miranda
Order granting Defendant's Motion to Dismiss.  Carrillo-Lopez has demonstrated that Section 1326 (illegal re-entry) disparately impacts Latino people and that the statute was motivated, at least in part, by discriminatory intent.  Given the government failure to show that Section 1326…

EOHHS v. Trocki Medicaid Estate Recovery Decision

Appeals Court
In this Aug 5, 2021 Appeals Court decision, the Court reversed the Superior Court's summary judgment in favor of EOHHS in a Medicaid estate recovery claim under G.L. c. 118E, Sec. 31 in which the claim consisted entirely of capitated monthly payments to a Senior Care Options (SCO) program.…

Court enjoins MassHealth orthodontia changes

Judge Camille Sarrouf Jr.
Dayanne v. Baker, Middlesex Superior Court, No. 2081CV01893 (J. Camille Sarrouf Jr., Order of Dec. 14, 2020) This was a case brought by an organization of orthodontists and 5 children denied orthontic treatment by MassHealth.  On Dec 14, 2020 the Court entered a preliminary injunction…

Superior Court Decision Granting Hardship Waiver in Medicaid Estate Recovery Case

Judge Christine Roach
This was a Medicaid Estate Recovery case in which EOHHS was pursuing a reimbursement claim against the estate of a single parent who died at home leaving her disabled adult son living in the home along with the sister who had moved in after their mother's death. The family home was the only…

Willis v. Director, Department of Unemployment Assistance and Springfield Area Transit Company

Melikian, J.
Although the formal rules of evidence do not apply in administrative hearings, the parties and the hearing officer must still properly enter documentary evidence into the record. In Willis v. Director, Department of Unemployment Assistance and Springfield Area Transit Company, Inc., the…

Superior Court DJ on Inadequate MassHealth Notices

Hon. Douglas Wilkins
This is a declaratory judgment decision in two companion cases filed in Suffolk Superior Court, Maas v. Sudders and Hirvi v. Sudders, by 2 private attornies & members of the MA Chapter of the Natl. Assoc. of Elder Lawyers (NAELA). Each case was filed as an affirmative action seeking to…

CRA Decision - Millis Public Schools vs MP

MA Supreme Judicial Court
Under the children requiring assistance (CRA) statute, a child “willfully fails to attend school” if the child’s repeated failure to attend school arises from reasons portending delinquent behavior. In this case, the Millis public schools filed a habitual truancy CRA alleging…

BR-0014481287

BOR (Board of Review)
Where the DUA gave the claimant erroneous information about the date her section 30 application was due, and she submitted her application within the time frame she was given, her application was timely.

Advisory on Endrew F. v. Douglas County School District RE-1, 2017 U.S. Supreme Court Decision of Special Education

MA DESE
On March 22, 2017, the U.S. Supreme Court issued its unanimous decision in Endrew F. v. Douglas County School District RE-1, 580 U.S. __, No. 15-827 (Mar. 22, 2017). The decision, written by Chief Justice Roberts, addresses the standard that school districts must meet in providing Individualized…

Daley v. Secretary of EOHHS

Gants, C.J.
SJC decision reversing the MassHealth board of hearings  in two cases concerning eligibility for nursing facility care. In both cases the applicants had transferred ownership of their homes to an irrevocable trust. in one case retaining a life estate and in the other retaining the right to use…

Tootkaboni and Louhghalam v. Trump

Allison Burroghs, USDJ
Expires 2/5/17 at 1:00 am. Temporary restraining order issued ordering, among other items: I. that respondents, their officers, agents, servants, employees, attorneys, and all members and persons acting in concert or participation with them: a) shall limit secondary screening to…

L v. DCF

Carey, Superior Court
Successful 30A appeal of an adverse decision by a Department of Children and Families' Fair Hearing Officer. DCF charged the parents with neglect after they refused to comply with certain residential treatment facility policies related to reunification. The decision notes: "DCF is…

BOR - 0017 2245 57

BOR (Board of Review)
Claimant separated from subsidiary part-time employment for disqualifying reasons, but at the time did not know or have reason to know of an impending separation from his primary employer.  Pursuant to 430 CMR 4.76(1)(a)(1), the claimant is not subject to a reduction of his benefits.

Clark v. Leisure Woods Estates, Western Mass Housing Court No. 15-P-366

Masing, J.
This is a Western MA Housing Court case involving damages under quiet enjoyment, habitability, and 93A for a manufactured home park. The Appeals Court overturned one of two triple rent awards under G.L. c. 186, sec. 14, finding it to be duplicative under Darmetko and Simon. Failure to…

2016 MassHealth Orthodontia Settlement

Misc
A group of orthodontist & their patients sued MassHealth for having unduly restrictive medical necessity criteria for approving braces for children & youth under age 21. The case resulted in a settlement changing MassHealth policies. Attached is a copy of a Jan 2016 transmittal letter making…

BR-0015368319

BOR (Board of Review)
A claimant who attends a training program without actively searching for work while his Section 30 disqualification is appealed, is deemed to have been approved for Section 30 benefits retroactively, if he ultimately prevails in that appeal.

Perez v. Comm'r of Soc. Sec., No. 14-14671, 2015 WL 5042654 (11th Cir. Aug. 27, 2015)

United States Court of Appeals, 11th Cir, Per Curiam
Plaintiff is a 49 year old immigrant from Cuba with HS education, some training as a nursing assistant and past relevant work as a caretaker and event worker.  The Plaintiff applied for SSI benefits alleging disability since January of 2005 based on limitations related to her stroke, hypertension,…

Commonwealth v. Wright

Massachusetts Appeals Court
This was a criminal fraud case that was brought in Suffolk County where DTA has its central office. The alleged fraud occurred outside Suffolk County. The lower court granted defendant's motion to dismiss for lack of venue, but the Appeals Court reversed. Download the slip opinon from the…

OLGT 2015-45: TAFDC Clothing Allowance September 2015

DTA
The Department will issue a nonrecurring clothing allowance of $200 per eligible TAFDC client under the age of 19 for September 2015.

Justice in Aging link to materials related to the litigation in Clark v Astrue

Justice in Aging
Follow the link to read class certification order, class action complaint, and fed court opinion in  Clark v. Astrue, 602 F.3d 140 (2nd Cir. 2010). Justice in Aging was previously called the  National Senior Citizens Law Center and was one of the class counsel in this…

Final Settlement Agreement - Luciano v. DUA

Brian Flynn, GBLS and DUA

Frazier v. Director of Dept. of Unemployment

Kantrowitz, Vuono & Sullivan, JJ., Massachusetts Appeals Court
Simple dissatisfaction with salary is not good cause for leaving attributable to the employer.

Channell v Colvin, F.3d___ No. 13-2533 (C.A.8 Ark. June 25, 2014)

U.S. Court of Appeals, Per Curiam
A 24 year old claimant with high school education and no relevant past work history alleged disability based on intellectual disability.  Initially and on appeal after the hearing, the SSA denied her application when the ALJ held that she could perform jobs as a poultry hanger, a machine…

Morin v Colvin, Civil No. 13-cv-220-LM (Opinion No. 2014 DNH 009)

Landya McCafferty
Remand was appropriate where the ALJ’s failed to consider an opinion from the claimant’s treating psychologist based on the incorrect inference that the psychologist’s opinion was only “countersigned” by the claimant’s treating physician.  The court rejected…

Kennedy v Colvin, 738 F. 3d 1172 (C.A. 9, 2013), 198 Soc Sec Rep Serv 485

Judge Fisher
The panel of the United States Court of Appeals for the Ninth Circuit affirmed the district court’s judgment affirming the SSA’s denial of claimant’s SSI application.  At step III, a claimant establishes a disability if he meets or equals a listed impairment.  The…

Garcia v Colvin, 741 F.3d 758 (C.A. Ind. 2013), 200 Soc. Sec. Rep. Serv. 54

Posner
United States Court for the seventh circuit issued a remand in a case of a 40 year old applicant who applied for SSDI claiming disability on the basis of severe abdominal pain caused by cirrhosis of the liver, severe thrombocytopenia, hepatitis C, and umbilical hernia.  Stating that the…

A.B.T. et al. v. USCIS, et al., also known as B.H. et al. v. USCIS, et al., A Nationwide Class Action to Fix the “Asylum Clock” Amended Settlement

Iris Gomez, MLRI; Gibbs, Houston & Pauw
Federal Judge Preliminarily Approves Amended Settlement Agreement in National Class Action Lawsuit on Work Authorization for Asylum Seekers (September 20, 2013) For Immediate Release September 20, 2013 Boston, MA On September 20, 2013, a federal district court held a…

Sykes v Bank of America, 723 F.3d 399 (2d Cir. 2013)

Sack, Hall, Livingston, Circuit Judges
In a pro se action the Court of Appeals for the Second Circuit has held that SSI benefits are not attachable for child support. The Court ruled that SSI benefits are exempt because they do not constitute monies received in remuneration for employment. The pro se claimant, whose bank account was…

Doe v. Rizzi, Town of Stoughton NORFOLK, SUPERIOR COURT. NO. 13- 780.

Kelley-Brown, Angel
A 15 year old student from Stoughton, MA who had an IEP was suspended indefinitely from school under 37H 1/2 after the Stoughton police notified the school that the student was charged with multiple felonies.  A co-defendant told the police that the student was present in a car at the scene of…

Harper v. DTA

Varied
Attached are papers from the Harper v. DTA litigation, including: Complaint Settlement agreement Appendices to the settlement agreement Settlement NOtice Summary of Settlement Notice Harper v. DTA.  Harper v. DTA is  a federal civil rights case brought against…

Harriman v Colvin, No. 1:12-cv-208-NT

John H. Rich III, U.S. Magistrate Judge
Claimant filed concurrent applications for disablity benefits.  SSA allowed the SSI application at Reconsideration but denied the SSDI application due to a Date Last Insured (DLI) issue.  When the claimant appealed the SSDI denial, the ALJ reopened and revised SSI allowance…

Decision on ESY and FAPE by HI District Court CIVIL NO. 12-00154

Helen Gillmor, US District Judge
The Hawaii District Court reversed the hearing officer’s decision and determined that a 14 year old student required ESY services to receive a FAPE.  The student had dyslexia and experienced regression if he didn’t receive instruction several days a week throughout the year. …

Bouvier v Astrue, 923 F. Supp. 2d 226 (D.R.I. 2013)

John J. McConnell, Jr., U.S. District Judge
Claimant is an Iraq was veteran deemed by the VA to have service connected PTSD.  Other diagnoses include major depression, long history of alcohol dependence, cirrhosis and esophageal varices. The ALJ denied the claim at Step V denial giving more weight to the ME and DDS…

Settlement Agreement - Brugman v. DUA

Brian Flynn, GBLS and Margaret Monsell, MLRI
Case alleged that DUA had a pattern and practice of alleging -- with no evidentiary basis whatsoever -- that claimants had misrepresented a material fact or facts in applying for UI. In nearly all these cases, a redetermination was conducted at the employer's request, following which the…

Arise, et al. v. DHCD (Decision)

Janet Sanders, Superior Court Justice, Suffolk
Arise, et al v. DHCD was filed to enjoin DHCD from promulgating regulations which would restrict access to Emergency Assistance. Among other policies challenged was the restriction of EA to only four categories of applicants notwithstanding broader eligibility enumerated by the legislature, and…

PAULA TARTARINI vs. DEPARTMENT OF MENTAL RETARDATION

J. Sullivan
 A Mass Appeals Court decision expands the DDS eligibility criteria for adults.   MA Appeals CourtPaula Tartarini v. Department of Mental Retardation (now DDS), July 23, 2012A MA Appeals Court decision dated 7/23/12 expands the definition of mental retardation that the Department of…

Sarmento v. Astrue, Slip Copy, 2012 WL 1559705 (D.Mass., May 1, 2012), Civil Action No. 10–11724–RWZ

Zobel, District Judge
Judge Zobel summarized the case as follows: "The record paints a picture of a woman (1) who was gainfully employed for 19 years; (2) who had a serious workplace accident requiring three days of hospital care, (3) that resulted in (I) years of treatments and therapies and prescription drugs (all of…

DLC v. DOC -- Settlement Approval

Judge Mark Wolf
Judge Wolf has approved the settlement in Disability Law Center v. Massachusetts Department of Correction. The complaint alleged that DOC's treatment of prisoners with serious mental illness in isolation violated the 8th Amendment and the ADA. DLC was represented by attorneys at DLC, CPR, PLS…

Pacensa v Astrue, --- F.Supp.2d ----, 2012 WL 993079, Civil Action No. 11-10113-WGY (March 26, 2012)

Young, District Judge
Rep Sandra Smales. Remand. A younger individual with high school education and a history of unskilled past relevant work filed an SSDI and SSI application alleging disability due to borderline personality disorder, depression, and hypothyroidism. The Disability Review Board affirmed the…

Nowak v. Astrue, Civil Action No. 11-30095-KPN

Neiman, USMJ

Walsh v Astrue, Case No. 11-cv-108-SM, Op. No. 2012 DNH 034 (D.N.H., March 20, 2012)

Steven J. McAuliffe, US District Judge
Client with bipolar and other MIs.   DRB reviewed and upheld ALJ (Merrill).   Ct. relates adequate assessment of the evidence to the condition - bipolar - The particular features of the disease should guide the evaluation of the evidence.   ALJ has not adequately…

Godfrey v Astruem, Civil Action 4:10-CV-40075-TSH (D.Mass, March 14, 2012)

Timothy S. Hillman, USMJ
Borderline Intellectual Functioning , orthopedic. Remand was appropriate where the ALJ's hypothetical to VE did not include any limitations related to claimant's borderline intellectual (e.g., moderate limitations in concentration, persistence or pace, and in ability to remember and carry…

Mitchell v Astrue, Case No 10-cv-539-PB, Op. No. 2012 DNH 054 (D.N.H., March 13, 2012)

Paul Barbadoro, US District Judge
DRB reviewed and upheld ALJ decision (Step 4 denial may have been error but agreed with ALJ's alternative Step 5 denial finding).   Cervico-thoracic degenerative disease and myofascial pain.   ALJ analysis of treating source opinion was factually incorrect. ALJ's…

Rovithis v Hebert, 10-SP-913

Fein, J.
Decision by Justice Fein (Housing Court Western Division) re possession of "a portion of a single marijuana cigarette" in an apartment as not sufficient to establish an "illegal keeping, sale or manufacture of controlled substances."

Miller v Astrue, No. 3:11–cv–133 (Dt. Ct. S.D. Ohio, Jan. 25, 2012)

MICHAEL J. NEWMAN, United States Magistrate Judge
Res judicata is applicable to an SSA initial determination that a claimant is “disabled.” The plaintiff received SSI for twelve months until her benefits were stopped due to incarceration.  The plaintiff filed a second SSI application which was denied initially, upon reconsdieration and…