Eighth Circuit: Kathy Swedberg v. Andrew Saul

 

Vocational expert was present during recitals of sufficient evidence to support their later findings, and the determinations were reached by appropriate hypothetical questions from the ALJ made without contemporaneous objection.

Kathy Swedberg  v.  Andrew Saul

Seventh Circuit: Meretha Arnold v. Andrew Saul

As the side effects of the medications are relevant to the administrative hearing only to the degree that they affect performance of work, absent a showing that the work was actually affected, the ALJ was not required to make findings on the effects of the medications.

Meretha Arnold v. Andrew Saul 

Second Circuit: Linza v. Saul

 

As Congress has explicitly recognized National Guard dual service technicians as civilian employees, a plain reading of the statute suggests that the employment does not fall within the military exception to the benefits limitation statute.

Circuit split flagged.

Linza v. Saul

Ninth Circuit: Linda Larson v. Andrew Saul

Skidmore deference to agency determination that military employment in the civilian sector is not within a SSA exception for wages earned wholly through military service.  Circuit split flagged.

Linda Larson v. Andrew Saul

Second Circuit: Cappetta v. Comm’r of Soc. Sec. Admin.

Deference to agency determination that reporting work activity is material; although the consideration is not dispositive of a benefits fraud claim, it does speak to some elements of the determination.

Agency retained the power to reverse the ALJ's finding.

Although the law only penalizes omissions, agency could charge benefits recipient with non-reporting on a monthly basis, since the statute also bars withholding required disclosures.

etc, etc...

http://www.ca2.uscourts.gov/decisions/isysquery/e79595db-c3ea-48e1-95ea-ab87f17d70cb/3/doc/16-3540_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/e79595db-c3ea-48e1-95ea-ab87f17d70cb/3/hilite/

Eighth Circuit: Samuel Scudder v. Dolgencorp

Genuine issue for trial presented as to disputed resignation where (1) management construed the conversation as a resignation, and employee later disputes; (2) returning military employee filed application through main system rather than the personnel agent who had handled his earlier military leave.

As SSA doesn't consider reasonable accommodation, a claim of disability doesn't judicially estop the plaintiff from claiming a right to employment during the same period.

http://media.ca8.uscourts.gov/opndir/18/08/172941P.pdf

Seventh Circuit: Peggy A. Berg v. SSA

The Act's 90-day look-back period considers accrued SSA benefits as of the date of their accrual, rather than as of the date of the administrative notice of the accrual of benefits.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-17/C:17-2389:J:Rovner:aut:T:fnOp:N:2204132:S:0

First Circuit: Torres-Pagan v. Berryhill

Omission of significant medical records can justify remand to the agency for insufficient development of the factual record where the petitioner suffers from cognitive impairment; the claimant does not have to make a showing of discriminatory effect of the omission.

http://media.ca1.uscourts.gov/pdf.opinions/17-2146P-01A.pdf

Seventh Circuit: Kelly Chavez v. Nancy Berryhill

When a SSA ALJ accepts an estimate of available employment opportunities that relies on an extrapolation of known data across an entire market or geographical area without sufficient indicia of the extrapolation's reasoning, he or she impermissably shifts the burden of proof to the claimant, resulting in a determination that is not supported by substantial evidence.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D07-18/C:17-2978:J:Scudder:aut:T:fnOp:N:2188695:S:0

Ninth Circuit: Barnes v. Berryhill

Although the SSA ALJ correctly determined that no finding of disability was compelled, the possibility of non-disablility required subsequent findings of transferrable skills prior to a finding of ability to work.

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/13/16-35815.pdf

Sixth Circuit: Robert Hayes v. Comm'r of Soc. Sec.

As ledger entries indicate that attorney received a prejudgment notification of the administrative determination of the case, local rules as to the timeliness of application for fees apply, and there is no equitable basis for tolling the limitations period.

http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0137p-06.pdf

Eighth Circuit: Chantel Courtney v. Commissioner, Social Security

An ALJ has no obligation to inquire into the basis of vocational expert's going beyond the terms of the job guide so long as the extra elements do not conflict with the terms of the job guide.

http://media.ca8.uscourts.gov/opndir/18/07/171777P.pdf

Seventh Circuit: Anthony Kaminski v. Nancy Berryhill

Treating physician's opinions should have been given greater weight by the agency, since, among other things, the petitioner's statements to the contrary merely evinced his inability to perceive his own injury.

Remand with instructions to calculate award, as all other findings of fact have been made.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D07-09/C:17-3314:J:Hamilton:aut:T:fnOp:N:2183347:S:0

Eighth Circuit: Mike Winn v. Commissioner, Social Security

It was within the ALJ's discretion to accept specialist medical opinions rather than that of the longtime treating physician. 

http://media.ca8.uscourts.gov/opndir/18/07/171987P.pdf

First Circuit: US v. Acosta-Joaquin

The deft's intent to represent the social security number as his and his conduct in providing the number, although associated with the correct name, sufficed for a fraudulent use of the social security number.

http://media.ca1.uscourts.gov/pdf.opinions/17-1379P-01A.pdf

Fifth Circuit: Ronald Salmond, Sr. v. Nancy Berryhill, Acting Cms

ALJ erred in holding that plaintiff's impairment was not severe, as binding circuit precedent classifies any impairment as severe that exceeds a de minimis impairment interfering with work, as record established that the impairment interfered with his work.

http://www.ca5.uscourts.gov/opinions/pub/17/17-10161-CV0.pdf

Ninth Circuit: Luther v. Berryhill

SSA ALJ must explain discounting of 100% VA disability finding.


http://cdn.ca9.uscourts.gov/datastore/opinions/2018/06/04/16-55987.pdf

First Circuit: Coskery v. Berryhill

Dicta: Deference to agency view that amendment of regulation didn't have retroactive effect.

ALJ's adverse credibility determination can be upheld on other grounds.

ALJ considered appropriately broad range of evidence.


http://media.ca1.uscourts.gov/pdf.opinions/17-1886P-01A.pdf

Eighth Circuit: Marcus Hensley v. Carolyn W. Colvin

SSI


Letter from physician and past records, where the primary source of information on the claimant's condition, may be considered by ALJ in assessing work capacity.

Subjective pain reports and VA determination of disability appropriately considered.

Dissent -- Physicians report doesn't contradict test scores that indicate disability.


Marcus Hensley  v.  Carolyn W. Colvin

Ninth Circuit: EMILY ATTMORE V. CAROLYN COLVIN

SSA

ALJ must compare medical evidence of improvement with the medical evidence indicating disability.

Temporary improvements in psychiatric condition must be sustained and broad in scope to warrant adjustment of the finding.


EMILY ATTMORE V. CAROLYN COLVIN