Showing posts with label SSA. Show all posts
Showing posts with label SSA. Show all posts

Seventh Circuit: Nancy Thomas v. Carolyn Colvin


Administrative, SSA

Although the opinon of a specialist is preferred, a diagnosis in a specialist area is not per se inadmissible.

Uncritical acceptance of reviewing physicians' opinions on overall impairment where there is evidence to the contrary from the initial diagnosis does not suffice in review for substantial evidence.

Nancy Thomas v. Carolyn Colvin

Sixth Circuit: Cheryl Minor v. Comm'r of Social Security

Fees

Court's adoption of magistrate's lodestar fees calculation was insufficiently explained, as court adopted statutory cap contrary to state bar numbers and disputed amount of time spent.

 Cheryl Minor v. Comm'r of Social Security

Eighth Circuit: Travis Chaney v. Carolyn W. Colvin

SSA

ALJ's less than fully credible conclusions are nonetheless supported by substantial evidence.

http://media.ca8.uscourts.gov/opndir/16/02/143433P.pdf

Eighth Circuit: Charles Mitchael v. Carolyn W. Colvin

SSA, FRCP

As the question of retroactive application of a claims adjudication does not present an objective nondiscretionary agency duty, Federal jurisdiction under the mandamus statute is improper.

No equal protection or due process claim, as rules on retroactive application constitute a legitimate procedural bar, and plaintiffs did not challenge constitutionality of old rule in initial proceeding.

http://media.ca8.uscourts.gov/opndir/16/01/143220P.pdf