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…]
Officer sexual assault, course & scope, FTCA
OFFICER SEXUAL ASSAULT: Law enforcement officers do not as matter of law act outside scope of employment when they use their authority to sexually assault a person they are investigating, question is for trier of fact… answer to 9th Circuit certified question on appeal from Watters’s conclusion that BIA officer who assaulted tribal member was not in course & scope in FTCA case. [Read more…]
SSD/SSI, protective filing v. formal application dates
SSD/SSI: Date of protective filing properly used as filing date instead of formal application date (important because of change in medical evaluation regulations)… benefits properly denied… Opp/Johnston affirmed (memorandum). [Read more…]
SSD/SSI, remand ruling denying depression claim
SSD/SSI: Application properly denied on remand to consider how depression would affect RFC… extent of back pain properly discounted, Dupuytren’s Contracture properly not included in RFC… Johnston affirmed (memorandum). [Read more…]
SSD, claim of inability to work
SSD application based on claim of inability to work properly denied… Kilroy/Cavan affirmed (memorandum). [Read more…]
SSI, bathroom breaks, urinary incontinence
SSI: Bathroom breaks for Claimant with urinary incontinence properly considered in application denial… Kilroy/Cavan affirmed (memorandum). [Read more…]
Charitable write-off, 9th Circuit question answered “no”
CHARITABLE CARE WRITE-OFF: A plaintiff in a pre-2021 survival action may not recover the value of medical care when the costs are wholly written off as charitable care… certified 9th Circuit questions as to $165,661.50 hospital/ambulance write-offs related to $578,248 FTCA heart death judgment by Morris answered “no.” [Read more…]
SSD/SSI, partial denial of applications
SSD/SSI: Partial denial of applications affirmed… Kilroy/DeSoto affirmed (memorandum). [Read more…]
SSD, able to work, medical appointments inability
SSD: Claimant properly found able to work but further consideration required as to extent time attending medical appointments inhibits ability to work… Kelley/DeSoto affirmed, reversed (memorandum). [Read more…]
SSD/SSI denial affirmed
SSD/SSI properly denied… Opp/Johnston affirmed (memorandum), [Read more…]