SS/EAJA: “Position of the United States” includes both its litigation position and underlying agency action (the ALJ decision), EAJA fees improperly denied on basis that US [Read more…]
$59,820 judgment, terminal cancer misdiagnosis
BENCH JUDGMENT: $59,820 ($58,600 emotional distress, $200 for “last” birthday party, $1,020 for pre-need funeral agreement), VA doctor misdiagnosis of terminal brain cancer, prognosis of imminent death, when correct diagnosis was stroke… Molloy. [Read more…]
Experts, inadequate disclosure/opportunity to cure
EXPERTS: Plaintiffs’ expert’s report does not adequately explain “basis & reasons,” but Defendants failed to give opportunity to cure before moving to exclude per LR… motion to exclude denied, Plaintiffs may renew motion if they comply with LR… Molloy. [Read more…]
SS Disability, specific discussion of evidence
SS DISABILITY: ALJ Prothro erred in not specifically discussing evidence, explaining why Claimant’s impairment did not meet or equal a listing… Strong/Molloy. [Read more…]
Concealed weapon permit, discharged sex offender
CONCEALED WEAPON PERMIT properly denied discharged sex offender (resulting in denial of gun ownership)… certified question from Molloy.
Frank Van der hule pled guilty to sexual assault and 4 counts of rape and was sentenced 25 years imprisonment. He was paroled in 1993 and [Read more…]