16 results for 'cat:"Employment" AND cat:"Social Security"'.
J. Green finds a lower court properly dismissed a Slovakian national's request for severed social security under universal credit. The Slovakian national argued that she is entitled to break up universal credit benefits between herself and her son. However, the work and pensions authority sufficiently showed in court that there is not an existing child element benefit that can be severed from a whole.
Court: Her Majesty's Court of Appeal, Judge: Green, Filed On: April 26, 2024, Case #: CA-2023-1197, Categories: employment, Government, social Security
J. Garry finds that a city police officer was improperly denied performance of duty and accidental disability retirement benefits under the state and local retirement system because an "accident" occurred when a rolling chair was slammed into the back of his chair at work, and the resulting anxiety and post-traumatic stress permanently incapacitated him from taking on light-duty assignments since working there triggered a psychological reaction. Reversed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: April 4, 2024, Case #: CV-23-0235, Categories: employment, social Security
J. Sung finds that the district court improperly entered judgment upholding the denial of social security benefits by an administrative law judge (ALJ) and remanded with the instruction that the district court remand to the agency for further proceedings. The matter is remanded to the Commissioner of Social Security so that an ALJ can further develop the record and make specific findings on whether the claimant had transferable work skills. Reversed.
Court: 9th Circuit, Judge: Sung, Filed On: March 26, 2024, Case #: 22-35427, Categories: employment, social Security
J. Garry finds that a police officer was properly denied accidental disability retirement benefits for a knee injury sustained when he fell while dismounting a bike to chase a suspect during a training exercise because the injury occurred during routine training included in regular job duties and thus did not constitute an accident. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: March 21, 2024, Case #: CV-23-1359, Categories: employment, social Security, Tort
J. Powers finds that a police officer was properly denied accidental disability retirement benefits by the state when she was injured while carrying a flagpole in a ceremonial detail. The incident did not constitute an accident since the officer recognized that she would have to maneuver the flagpole through doorways during the indoor ceremony, and thus striking a door as occurred was not unexpected. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: February 15, 2024, Case #: CV-23-0233, Categories: employment, social Security, Tort
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J. Mackey finds that a police officer was properly denied accidental disability retirement benefits after he injured his back while moving boxes of road flares because receiving and organizing flare deliveries fell under the officer's facilities duties and thus did not constitute an accident under social security law. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: February 15, 2024, Case #: CV-23-0765, Categories: employment, social Security, Tort
J. Reynolds Fitzgerald finds that an activities aide for special needs children was properly denied disability retirement benefits after she was twice injured by students who collided with her because she failed to contradict an orthopedist's conclusions that she engaged in "symptom magnification" and that she had not been permanently incapacitated from her job duties. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: January 18, 2024, Case #: CV-22-1980, Categories: employment, social Security
J. Lynch finds that a police officer was properly denied accidental disability retirement benefits because the injury he sustained while attempting to kick in the locked bedroom door of a reportedly suicidal woman occurred in the course of ordinary job duties and thus did not constitute an "accident" within the meaning of retirement and social security law. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: December 14, 2023, Case #: CV-23-0551, Categories: employment, social Security
J. Gregory finds the lower court improperly affirmed the Social Security Administration’s denial of the retail worker's application for disability benefits. The retail worker's chronic back pain has caused headaches, neck pain, weakness and numbness in her bilateral upper extremities. The administration cannot discount her doctor's opinions about the intensity of her pain because she declined steroid injections. Reversed.
Court: 4th Circuit, Judge: Gregory, Filed On: December 11, 2023, Case #: 21-2193, Categories: employment, social Security
J. Clark finds that a corrections officer was properly denied performance of duty disability retirement benefits following a diagnosis of heart failure and high blood pressure. While permanently incapacitated from performing his job, the guard did not develop the heart condition as a result of employment. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: November 16, 2023, Case #: 536126, Categories: employment, social Security
J. Pritzker finds that a municipal police officer was properly denied accidental disability retirement benefits for slipping and falling while she exited her patrol car to buy coffee soon after beginning her shift because buying coffee at a store constituted a personal injury, not an injury while in service. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: November 9, 2023, Case #: 535949, Categories: employment, social Security
J. Brennan finds the trial court properly entered summary judgment in favor of the Social Security Administration in this discrimination, retaliation, and a hostile work environment suit brought by a Black, female supervisor. None of the alleged workplace incidents — including having to work in a cubicle rather than an office, and receiving emails that she says undermined her authority and amounted to harassment because the senders could have talked to her in person — were severe or pervasive, nor does she show how they relate to the protected characteristics of her race or age. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: August 18, 2023, Case #: 22-3217, Categories: social Security, employment Discrimination, employment Retaliation
J. Rubin grants the Social Security Administration commissioner’s motion to dismiss allegations of race and gender discrimination and retaliation brought by a former union representative who recently became part of the agency’s management team. The former union rep, a Black woman, claims the agency failed to promote her and several coworkers harassed her when she switched from the union to management side. She has not sufficiently made a connection between her protected activity and a hostile work environment. She also fails to exhaust her administrative remedies.
Court: USDC Maryland, Judge: Rubin, Filed On: August 10, 2023, Case #: 1:21cv502, NOS: Employment - Civil Rights, Categories: social Security, employment Discrimination, Labor / Unions
J. Floyd finds the lower court improperly denied a cook's application for disability benefits. It is not the cook's fault, who suffers from back pain, that his medical records are sparse as he has not had insurance and therefore couldn't afford frequent visits for medical attention. Reversed.
Court: 4th Circuit, Judge: Floyd, Filed On: June 7, 2023, Case #: 21-2421, Categories: employment, Insurance, social Security
J. Lynch finds that a state trooper was properly denied accidental disability retirement benefits for post-traumatic stress injuries incurred after he shot a suspect who had been driving a car toward him at high speeds, which caused the suspect to crash and die. The incident did not constitute an accident since use of deadly force is inherent to a trooper's duties. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: May 18, 2023, Case #: 534966, Categories: employment, social Security