SSD: Application properly denied based on occupational requirements… Kilroy/Johnston affirmed (memorandum). [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…]
Quite Title Act statute of limitations, FS easement
Quiet Title Act: Challenge of public use of road across private land per FS easement properly dismissed based on statute of limitations… Christensen affirmed. [Read more…]
Railroad right of way reversionary interest
RAILROAD RIGHT OF WAY: US retained reversionary interest in abandoned right of way traversing Plaintiff’s land under 1988 Rails-to-Trails Act where Plaintiff failed to obtain a decree under 1922 Abandoned Railroad Right of Way Act… Christensen affirmed. [Read more…]
Environment, sheep/grizzly ROD
ENVIRONMENT: Sheep/grizzly ROD properly upheld… Christensen affirmed (memorandum). [Read more…]
Lacey Act, outfitter v. client permit
LACEY ACT: Outfitter who failed to obtain special-use permit violated Act by client’s taking of mountain lion notwithstanding that client had permits to hunt on FS land… Lovell affirmed (memorandum). [Read more…]