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Case Decisions

Hite v. Shinseki

Harrison v Shinseki

Toole v. Shinseki

Rodrique v Shinseki

Rizzo v Shinseki

Phillips v Shinseki

Reizenstein v Shinseki

Price v. Shinseki

Pomon v. Shinseki

Cushman v. Shinseki

Sharp v. US

Scott v. Peake

Faust v. West

Richard v. West

ADAMS v SHINSEKI 20087162

Skoczen v Shinseki

Comer v. Shinseki

Cole v. Shinseki

Holton v. Shinseki

Tarver v Shinseki

Robinson v Shinseki

Moore 2007-7306

Haas v Peake 2007-7037

Haas v. Peake 05/08/08

Moran v. Peake 2007 7163

Groves v. Peake 2007 7241

Davis v. Shinseki 020209

Gallegos v. Peake 123108

Cox v Nicholson 01/2007

Moore v Shinseki 07-7306

Collins vShinseki 08-7041

BVA 0528564

BVA 0813080

BVA 9815913

Social Security Disability

SSA Disability

SSA Case Decisions

Bowman v Astrue

Maes v Astrue

Carpenter v Astrue

Poppa v. Astrue

Artz v. Barnhart

Anderson v. Astrue

Marshall v. Astrue

Madron v. Astrue 02/11/09

Cruse v. USDHHS

Haddock v Apfel

Passmore v Astrue 8th cca

Moss v Astrue 02/05/09

Bray v. Astrue 02/06/09

Conkle v Astrue 07-6104

Federal Worker's Compensation

OWCP

ECAB Case Decisions

SB v USPS

RA v Dept of Agriculture

BC v USPS

MT v Dept of Army

P.G. vs Dept of Navy

K.H. v USPS

Nelson v IRS 04-2123

VIVENS v USPS 90-1500

HAWKINS v VA 03-1232

Rose v USPS 905 F2d 1257

D.L. v. USPS 08-1873

D.M. v. Dept Army 08-1814

R.C. V USPS 08-11641

Delatat v USAF 2008-3038

RM v Army 97-2145

WS v DOS 08-1797

IH v USPS 08-1352

Kramm v. DOA 05-715

Pygman v DOI 01-1604

J.B. v. USPS 08-1178

F.H. v. DAF 07-1379

M.C. v DOI 08-1581

J.S. v DOL 08-373

E.K. v. DOA 08-421

Tiller v DOA 99-118

R.M. v USPS 08-528

Sligh v USPS 03-1621

M.C. v USPS 05-443

M.M. v DVA 07-2103

K.H. v USPS 08-1053

E.M. v DOD 07-1074

J.M. v USPS 08-1075

OPM/MSPB Claims

FERS Disability

OPM Case Decisions

MAPLES v OPM

REILLY v. OPM

VANIEKAN-RYALS v OPM

POSTELL-PORTER v OPM

Torres v. OPM

Johnston v OPM 04-3260

McLaughlin v OPM 2004

Licausi v. OPM 12/02/03

Townsend v OPM 02-3064

Lensing v OPM 07-3267

Kessler v OPM 08-3068

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Social Security Disability Case Decisions
Disability is something most people do not like to think about. But the chances that you will become disabled probably are greater than you realize. Studies show that a 20-year-old worker has a 3 in 10 chance of becoming disabled before reaching retirement age.

The following section is a selection of Social Security case decisions for your reading and to provide to you an idea of what is required to prove your social security disability claim.

Click on the hyperlinks below to view case decisions

Bowman v. Astrue (01/04/2008) "Because he failed to make the necessary findings at phase two, the ALJ was unable and failed to make the necessary "function by function" comparison between Ms. Bowman's limited use of her left hand and the demands of her past work as required at phase three. Here, while acknowledging Nurse Hancik's opinions, the ALJ did not explain the weight he attached to these opinions nor explain why he rejected them. As such, since SSR 06-3p should have been applied retroactively due to the fact that it merely clarified existing law, ... the ALJ's failure to follow its procedures in evaluating Nurse Hancik's opinions also constituted reversible legal error."

Maes v. Astrue (04/14/2008) "Under 20 C.F.R. § 404.1512(e), the ALJ generally must recontact the claimant's medical sources for additional information when the record evidence is inadequate to determine whether the claimant is disabled. Put another way, when the ALJ considers an issue that is apparent from the record, he has a duty of inquiry and factual development with respect to that issue."

Carpenter v. Astrue (08/25/2008) "The ALJ's purported pain analysis is improper boilerplate because he merely recited the factors he was supposed to address and did not link his conclusions to the evidence or explain how Mrs. Carpenter's repeated attempts to find relief from pain, and all the drugs she has been prescribed for pain, resulted in a conclusion that she is unlimited in any regard by pain or the side effects from her pain medication."

Poppa v. Astrue (05/27/2009) "Ms. Poppa contends that the second ALJ's decision violated either res judicata or the law of the case doctrine because those doctrines precluded the second ALJ from relitigating the issue of her RFC after it was established in the first ALJ's decision. We disagree with Ms. Poppa's contention."

Artz v. Barnhart (08/14/2002) Disability Insurance Benefits cannot be collected when an individual "is confined by court order in an institution at public expense in connection with ... a verdict or finding that the individual is not guilty of such an offense by reason of insanity.."

Anderson v. Astrue (04/03/09) The ALJ erred by failing to follow the proper procedures for considering the opinions of Mr. Andersen’s treating physicians.

Marshall v. Astrue Whether the ALJ applied proper legal standards in rejecting entirely the treating physicians’ opinion. “When an ALJ rejects a treating physician’s opinion, he must articulate specific, legitimate reasons for his decision.

Madron v. Astrue The VE failed to explain how Ms. Madron could be expected to perform this job despite her difficulty reading. This deficiency severely undercuts the ALJ's conclusion that Ms. Madron is not disabled.

Cruse v. USDHHS SSA is required to consider the combined impact effect of mental and physical impairments in determining disability.

Haddock v. Apfel The ALJ must investigate and elicit a reasonable explanation for any conflict between the Dictionary and expert testimony before the ALJ may rely on the expert's testimony as substantial evidence to support a determination of non-disability.

Passmore v. Astrue SSA claimants do not have an absolute right to subpoena and cross examine SSA experts.

Moss v. Astrue The ALJ failed to adequately consider whether Moss in fact meets the listing based on the provided examples such as an inability to walk a block at a reasonable pace on rough or uneven surfaces, or the inability to carry out routine activities, like shopping and banking.

Bray v. Astrue The ALJ erred by failing to make findings on the issue of whether Bray possessed transferable skills.

Conkle v. Astrue The ALJ failed to consider all of the medical evidence, she could not and did not properly consider whether Ms. Conkle was disabled at steps three or four of the sequential evaluation process.


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