61 results for 'cat:"Social Security"'.
J. Lawrence finds that the Workers' Compensation Board Appellate Division improperly affirmed a decision of an administrative law judge rejecting the company's petition to apply the entire Social Security offset "to its compensation payments to its former employee." The court concludes that the company should be allowed to take the full offset. Vacated.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: May 16, 2024, Case #: 2024ME38, Categories: Insurance, social Security, Workers' Compensation
J. Ortiz finds a lower court erred when it reduced the child support obligations of an ex-husband following a divorce. The court based the reduction on supplementary security income benefits received by the couple’s disabled adult child, but these benefits are not an “independent financial resource” that can “justify a reduction in a parent’s child-support obligation.” Reversed.
Court: Virginia Court Of Appeals, Judge: Ortiz, Filed On: May 7, 2024, Case #: 0877-22-2, Categories: Family Law, social Security, Guardianship
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
Per curiam, the circuit finds the applicant's skill set, which rendered her capable of performing numerous, readily available jobs, precluded her from receiving disability benefits; therefore, the administrative law judge properly denied her appeal. Affirmed.
Court: 6th Circuit, Judge: Per curiam, Filed On: April 17, 2024, Case #: 23-1466, Categories: Evidence, social Security
J. Aarons finds that the lower court properly held that a husband's estate must turn over proceeds of a retirement plan to his wife's estate. The husband had been named sole beneficiary of the wife's pension, but he died three days after her and thus did not survive her by the 120-hour period outlined in state trust law. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: April 11, 2024, Case #: CV-22-1974, Categories: Civil Procedure, social Security
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J. Scudder finds that the administrative judge properly denied a woman's application for disability benefits based on her back pain. The judge was not required to review hyper-detailed physician accounts of the woman's surgeries rather than relying on summaries of the medical evidence in making her decision. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: April 8, 2024, Case #: 23-1632, Categories: Evidence, 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. Branch finds that the district court properly upheld the administrative law judge's denial of the individual's second claim for Social Security disability benefits. The second denial found that the individual could perform a modified form of "light work" after an earlier denial determined he could only perform "sedentary work." Any error the judge committed in finding that the individual was limited to light work was harmless. The individual failed to show that he would have a right to disability benefits even if the judge had again found that he was limited to sedentary work. Affirmed.
Court: 11th Circuit, Judge: Branch, Filed On: April 4, 2024, Case #: 22-10568, Categories: Administrative Law, 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. Brennan finds that the lower court properly denied the woman's application for supplemental security income, finding her able to perform light work despite her migraine disorder, degenerative disc disease, social anxiety disorder and ADHD. The agency's vocational expert was not required to provide information regarding his methodology, and her counsel did not pursue the matter. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: March 22, 2024, Case #: 23-1196, Categories: social Security
J. Fisher finds that a police officer was properly denied accidental disability retirement benefits for a shoulder injury that occurred while responding to a medical emergency because the injury occurred in the course of the officer's routine employment duties and constituted a risk of the job. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: March 21, 2024, Case #: CV-23-0234, Categories: social Security, Tort
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
Per curiam, the court of appeals finds that the appellate division properly held that accidental death benefits should be paid to the daughter of a state worker who contracted Covid-19 and died of related causes. The decedent's domestic partner, his designated beneficiary for ordinary death benefits, objected, but amendments to retirement law clearly state that work-related deaths from Covid-19 are accidents and that benefits should go to beneficiaries statutorily designated as spouses or dependent blood relatives. Affirmed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: March 14, 2024, Case #: 25, Categories: social Security, Covid-19
J. McShan finds that plaintiff was properly denied survivor benefits under her ex-husband's state retirement plan even though the settlement provision of divorce designated her beneficiary of his pension upon retirement. The husband improperly named his subsequent wife the payment option beneficiary, but plaintiff needed to acquire a court order to alter that selection. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: March 7, 2024, Case #: 535948, Categories: Family Law, social Security
J. Lagoa finds that the district court properly upheld the administrative law judge's denial of the mother's claim for insurance benefits for a child she conceived through in vitro fertilization using the decedent's sperm after his death. The decedent's will did not provide for his posthumously conceived child. The child is not eligible for a claim against the decedent's estate and is not considered a child of the decedent for the purposes of qualifying for benefits under the Social Security Act. Affirmed.
Court: 11th Circuit, Judge: Lagoa, Filed On: February 29, 2024, Case #: 20-11656, Categories: Insurance, social Security, Wills / Probate
J. Grosshans answers two questions from a lower court regarding whether a child conceived via cryopreserved sperm samples and in vitro fertilization following the father’s death is entitled to recover child’s insurance benefits under the Social Security Act, and whether Florida law authorizes a posthumously conceived child to inherit a child’s share of the deceased father’s intestate personal property. The father must have the child or children in his drafted will before his death for the child or children to be “eligible for a claim against the decedent’s estate.” Answering the first question is necessary to answer the second question, so it is remanded back to the lower court for further proceedings.
Court: Florida Supreme Court, Judge: Grosshans, Filed On: February 15, 2024, Case #: SC2022-1342, Categories: Constitution, social Security, Due Process
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
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. Lauber finds a married couple underreported the wife’s taxable Social Security benefits received for tax year 2019. The taxpayers reported only $5,202 in taxable Social Security benefits, which was 85 percent of the $6,120 cash payment they received from the Social Security Administration (SSA) for that year. But the wife actually received $19,866 in Social Security benefits that year, with $1,080 paid to the IRS, and $12,666 not being disbursed as it was a workers’ compensation offset. While they did not receive the disbursement on the workers’ compensation offset, it must still be reported as Social Security income, therefore the instant court finds they taxpayers must include an additional $11,684 of Social Security benefits in their gross income for tax year 2019.
Court: U.S. Tax Court, Judge: Lauber, Filed On: February 14, 2024, Case #: 2024-23, Categories: social Security, Tax, Workers' Compensation
J. Ripple finds that the lower court properly upheld the SSA's determination that the disability applicant was not disabled before June 2009. The gaps in the applicant's treatment history, and intermitted independent-contractor work he performed during this time support the agency's decision. Affirmed.
Court: 7th Circuit, Judge: Ripple, Filed On: February 7, 2024, Case #: 22-2694, Categories: social Security
J. Richman finds that the trial court properly upheld a county decision to treat a tax debtor's garnished Social Security payments as income in calculating her Medi-Cal eligibility. The garnished income, though it never passes through the tax debtor's hands, is "actually available" to meet her needs since the income actually exists instead of being fictional, theoretical, assumed or imputed. Affirmed.
Court: California Courts Of Appeal, Judge: Richman, Filed On: January 31, 2024, Case #: A164775, Categories: Medicaid, social Security, Tax
Per curiam, the circuit finds that the district court properly dismissed claims in which a retired union carpenter challenges the termination of his pension after he was internally convicted of working for a non-union company because he failed to exhaust administrative remedies under ERISA, and the record belied his contention that he had not received a full and fair hearing under the Labor-Management Reporting and Disclosure Act. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 22, 2024, Case #: 23-815, Categories: Erisa, social Security, Labor / Unions
J. Haynes finds the district court properly granted summary judgment to the Social Security Administration. Although the disability claimant argues the judge who denied her claim was ratified by an acting commissioner who was unlawfully in that role, governing code on time limits regarding presidential appointments supports the conclusion that an acting officer may serve under either the period before appointment or the period after appointment, or both. Affirmed.
Court: 5th Circuit, Judge: Haynes , Filed On: January 22, 2024, Case #: 23-40001, Categories: Government, social Security, Agency
Per curiam, the circuit finds that the district court properly dismissed claims in which a retired union carpenter contends his pension should not have been terminated after he was internally convicted of working for a non-union company because he failed to exhaust union hearing procedures under the Labor-Management Reporting and Disclosure Act, and ERISA claims were time-barred. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 22, 2024, Case #: 23-247, Categories: social Security, Labor / Unions
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. Sanchez finds that the district court properly affirmed the Commissioner of Social Security’s denial of a claimant’s application for supplemental security income. The revised 2017 medical-evidence regulations were valid under the Social Security Act. Affirmed.
Court: 9th Circuit, Judge: Sanchez, Filed On: January 5, 2024, Case #: 23-35096, Categories: social Security
J. Tjoflat finds that the district court properly upheld the Social Security Administrator's denial of the individual's claim for disability insurance benefits. Although an administrative law judge was not constitutionally appointed when the first opinion in the individual's case was issued, that decision was vacated on the merits by the district court and the second decision was issued by a properly appointed judge. There is therefore no live Appointments Clause violation at issue. There was good cause to discount a medical opinion from the individual's treating physician because it was inconsistent with medical records. Affirmed.
Court: 11th Circuit, Judge: Tjoflat, Filed On: January 3, 2024, Case #: 22-11103, Categories: social Security
J. Brennan finds that the lower court properly upheld the Social Security Administration's decision denying the applicant's request for disability insurance benefits and supplemental security income. The applicant points to 800 pages of new medical evidence as proof that the administrative law judge failed to develop the record, but at the hearing his attorney confirmed that the evidence was complete. The ALJ was not required to investigate a gap in the record when counsel said that the record was complete. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: December 21, 2023, Case #: 22-3084, Categories: social Security
J. Hamilton finds that the lower court properly upheld the Social Security Administration's decision not to award the applicant disability insurance benefits because his insured status for those benefits expired five weeks before he was found to have been disabled. The administrative law judge was not required to consult a medical expert to determine whether the applicant became disabled before the dates of his earliest relevant medical records. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: December 19, 2023, Case #: 22-1972, Categories: Administrative Law, social Security