SSD: ALJ failed to provide clear & convincing reasons for discounting Plaintiff’s testimony as to limiting effects of migraines and fatigue… Loughlin reversed… DeSoto. [Read more…]
Penalty/fees denied in late settlement check situation
Penalty and fees denied in late settlement check situation… insurer also denied fees for having to respond to motion to enforce stipulated judgment… Bruner. [Read more…]
SSD, limitations in concentration, persistence, pace
SSD: ALJ erred in downgrading Plaintiff’s limitations in maintaining concentration, persistence, pace… Kelley/Johnston reversed (memorandum). [Read more…]
Class settlement, Easterseals email data breach
CLASS SETTLEMENT of breach of email data of 12,298 Easterseals-Goodwill clients approved including $215,000 attorney fees… Morris. [Read more…]
SSD/SSI, panic disorder/agoraphobia, old regulations
SSD/SSI: 2015/16 applications improperly denied by ALJ Marchioro in light of treating physician opinions and Claimant’s testimony as to panic disorder and agoraphobia pursuant to pre-17 regulations… Court initially erred in applying new standard to affirm ALJ… Morris. [Read more…]
SSD, credit of medical opinions, VE, Claimant testimony
SSD: ALJ Kelley failed to properly credit medical opinions, VE, Claimant’s testimony in denying benefits… remanded for immediate award… Morris. [Read more…]
SSD, migraines, wrist impairment, insufficient findings
SSD: Insufficient findings as to extent of migraines and wrist impairment, remanded for further findings… Kelley reversed… Johnston. [Read more…]
SSD/SSI, medical opinions improperly discounted
SSD/SSI: Medical opinions improperly discounted… Kelley reversed… Johnston. [Read more…]
SSD, drug use, mental impairments
SSD: ALJ erred in considering Plaintiff’s drug use in conducting initial 5-step inquiry… determination of severity of mental impairments not supported by the evidence… Kelley reversed… Cavan. [Read more…]
SS Disability, 100% VA disabled veteran
SS DISABILITY: 100% VA disabled veteran improperly denied SSD… remanded for immediate award of benefits… Kilroy reversed… Morris. [Read more…]