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Public Health

Jul 20, 2012

Public Health – Disability benefits

11-3284 Shideler v. Astrue

Aug 10, 2011

10-3736 Weatherbee v. Astrue

Public Health Disability benefits

Aug 1, 2011

10-2487 Scott v. Astrue

Public Health Disability benefits

Jun 3, 2011

10-2654 McKinzey v. Astrue

Public Health Disability benefits Where a disability claimant’s treating physician opined that she was exaggerating her symptoms and limitations, the ALJ’s denial of benefits is affirmed. “[W]hat McKinzey’s account of the credibility determination leaves out is the final reason given by the ALJ, namely that, ‘[i]n addition, the record includes evidence strongly suggesting that claimant [[...]

May 27, 2011

10-3454 Bassett v. Astrue

Public Health Disability benefits; attorney fees Where the precise date when a disability benefits applicant became eligible is debatable, the applicant is not entitled to attorney fees incurred in successfully establishing an eligibility date. “We do not think that Chief Judge McCuskey abused his discretion when he decided that the commissioner’s position in Bassett’s case […]

Mar 29, 2011

09-1273 Astra USA, Inc., v. Santa Clara County

United States Supreme Court Public Health Drug price ceilings Suits by health care facilities to enforce ceiling-price contracts running between drug manufacturers and the Secretary of Health and Human Services are barred. As the County has conceded, covered entities have no right of action under §340B itself. Congress vested authority to oversee compliance with the […]

Jan 24, 2011

09-3064 Punzio v. Astrue

Public Health Disability benefits Where a vocational expert confirmed that the mental limitations identified by the psychiatrist would preclude a disability claimant from working at any job, the only possible outcome is a finding that she is disabled. “Dr. Mahmood’s assessment of Punzio’s mental residual functional capacity is well supported and consistent with the medical […]

Jan 19, 2011

10-1957, 10-2603 & 10-2080 Martinez v. Astrue

Public Health Disability benefits Where the ALJ found an applicant for disability benefits to be not credible, without explanation, the denial of benefits must be reversed. “The administrative law judge discussed so little of the evidence that her conclusion that Martinez’s complaints of severe pain and fatigue ‘are out of proportion to the objective physical […]

Jan 13, 2011

10-2006 Allord v. Astrue

Public Health Disability benefits Where the ALJ did not adequately say why he discounted the opinion of a disability applicant’s treating physician, the case must be remanded. “Allord is correct that the Social Security Administration is bound to give a treating physician’s opinion controlling weight if her ‘opinion on the issue(s) of the nature and […]

Jan 13, 2011

10-2006 Allord v. Astrue

Public Health Disability benefits Where the ALJ did not adequately say why he discounted the opinion of a disability applicant’s treating physician, the case must be remanded. “Allord is correct that the Social Security Administration is bound to give a treating physician’s opinion controlling weight if her ‘opinion on the issue(s) of the nature and […]

Dec 6, 2010

10-1314 Campbell v. Astrue

Public Health Disability benefits Where the ALJ ignored portions of a physician’s report suggesting a disability, the denial of disability benefits must be reversed. “An ALJ may not selectively discuss portions of a physician’s report that support a finding of non-disability while ignoring other portions that suggest a disability. Myles v. Astrue, 582 F.3d 672, […]

Dec 6, 2010

10-2083 Spiva v. Astrue

Public Health Disability benefits Where the ALJ’s opinion contained no analysis how the disability applicant could do his previous job, the denial of benefits must be reversed. “The administrative law judge’s opinion is unsatisfactory, and likewise the government’s brief and oral argument, which misstate the record in several places and, worse, seem determined to dissolve […]

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