SSI/SSD: ALJ failed to comply with new regulations for evaluating medical opinions in denying benefits… Hallie Larsen reversed… Johnston. [Read more…]
SSD, ALJ improperly acted as medical expert
SSD: ALJ improperly acted as his own medical expert in assessing functional limitations as to CTS claim, remanded for a medical expert to review the record or for a consultative exam… neck/back pain and mental claims properly rejected… Molloy. [Read more…]
Petition for hearing statute of limitations
Petition for hearing challenging UEF’s “employee” determination received by Court 1 day after limitations period had run is time-barred, equitable tolling not applicable as current §520 is not ambiguous and this is simply a case of neglect, time not extended by 3 days for mailing… UEF’s “employee” determination is final… Sandler. [Read more…]
SSD, epilepsy Listing versions, “credit as true” rule
SSD: Revised epilepsy Listing applies, not former Listing relied on by doctor, but a 2nd remand for further development of the record would serve no purpose where claim has been pending for 6 years and SSA can only find isolated pieces of arguably inconsistent evidence… remanded for immediate award of benefits pursuant to “credit as true” rule… Lynch. [Read more…]
SSD, mental impairment
SSD: Mental impairment claim improperly rejected without benefit of written report of neuropsychological evaluator. . . Hartford reversed, remanded for further proceedings. . . Lynch. [Read more…]
Hospital malpractice, $435,518 verdict vacated
HOSPITAL MALPRACTICE: $435,518 verdict for failure to timely remove lung clots filter properly vacated for lack of expert testimony as to standard of care… Cooney affirmed. [Read more…]
SSD, arm limitations, subjective allegations
SSD: ALJ Kilroy impermissibly substituted his judgment for that of state agency physicians as to arm limitations, failed to provide sufficient reasons for discounting subjective allegations, failed to provide germane reasons for discounting son’s testimony of mother’s limitations… remand recommended… Lynch. [Read more…]
SS, request to reopen original application
SS: Request to reopen original application properly denied… Christensen affirmed (unpublished). [Read more…]
No TTD reinstatement, temporary job declined
Claimant did not tender strong prima facie case for TTD reinstatement since he declined temporary assignment without attempting it… DLI affirmed… Sandler. [Read more…]
$435,518 hospital malpractice verdict vacated
HOSPITAL MALPRACTICE: $435,518 verdict for failure to timely remove IVC filter implanted to prevent clots in lungs vacated for lack of expert testimony as to standard of care… amounts also shock conscience of Court… Cooney [Read more…]