Court Decisions

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Decisions issued by a court of judge.

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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…

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.

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) reversing and remanding lower court order denying injunctive relief to plaintiffs whose Medicaid was terminated Contempt order upholding remedial order of lower court and finding that agency was in contempt.  803 F. 2d…

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

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…

Matta V. Sec'y HHS

Discusses time limits for correcting earnings record. SSA not required to accept as conclusive individual's self-employment income as stated in income tax returns. SSA may require additional verification of income.

Scarpa V. Murphy, Et Al.

"Good cause" for late filing. Rule permitting extension of appeal period in case of "good cause," F.R.A.P. Rule 4(a)(5), 28 U.S.C.A., applies both before and after expiration of appeal time. Extension of time for filing notice of appeal was warranted following post office's late delivery of notice…

Lugo V. Sec'y HHS

Cardiac and mental impairments. Although the Secretary is not bound by a psychiatrist's "sweeping conclusion" as to disability, when uncontroverted evidence exists as to mental impairment, the Secretary should assess the impact of the alleged mental impairment on the claimant's…

Soto V. Sec'y HHS

The court is "ill-equipped to sort out a record that admits of conflicting interpretations."

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…

Irving Independent School District v. Tatro. 468 US 883 (1984)

US Supreme Court, Justice Rehnquist
Eight year old student with spina bifida required CIC (clean intermittent catherization) every three - four hours to prevent kidney damage.  The court determined that CIC was a related service under IDEA and not a medical service.  The court also determined that 504 was inapplicable…

Hendrick Hudson Board of Education v. Rowley.

US Supreme Court, Justice Rehnquist
Supreme Court case that interprets and defines the statutory term, Free and Appropriate Public EducationParents requested a sign language interpreter which was denied by the school district.  The District Court found for the parents. Although the child performed better than the average child in her…

Krafsur V. Sec'y HHS

Since plaintiff failed to raise sequential evaluation issue, the court does not have to consider the overall validity of the process. Claimant's work difficulties "stemmed from personality problems that were not such as to constitute mental disability."

Avery V. Sec'y HHS

Generally, a remand order is an interlocutory order that does not divest a court of jurisdiction over a case. Absent a clear statement to the contrary, legislation should not ordinarily be interpreted to oust a federal court's equitable power, or its jurisdiction over a pending case. Social…

Nieves V. Sec'y HHS

ALJ is not at liberty to substitute her own opinions of an individual's health for uncontroverted medical evidence. ALJ erred in discrediting IQ scores where such test results are the only evidence on the point before the ALJ. It was error for ALJ to conclude that IQ score of 63 must be invalid…