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Tag Archives: Public Health

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 has exaggerated symptoms and limitations.’ ...

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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 was substantially justified. There is ...

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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 340B Program in HHS and ...

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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 evidence, so it must carry ...

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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 findings’ is suspended over air. ...

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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 severity of [the applicant’s] impairment(s) ...

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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 severity of [the applicant’s] impairment(s) ...

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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, 678 (7th Cir. 2009). The ...

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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 the Chenery doctrine in an ...

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09-4083 O’Connor-Spinner v. Astrue

Public Health Disability benefits Where the ALJ failed to include the limitations of a disability claimant in a hypothetical question to a vocational expert, the denial of benefits must be reversed. “We acknowledge that there may be instances where a lapse on the part of the ALJ in framing the hypothetical will not result in a remand. Yet, for most ...

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2009AP2795 Gister, et al. v. American Family Mutual Insurance Company, et al.

Public Health Hospital liens; medical assistance Several former medical patients appeal an order denying their claim that hospital liens filed against them are invalid. We reverse and remand with directions. This opinion will not be published. 2009AP2795 Gister, et al. v. American Family Mutual Insurance Company, et al. Dist IV, Dane County, Fiedler, J., Per Curiam Attorneys: For Appellant: Sunby, ...

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2009AP1954 Heinrich v. Wisconsin Department of Health Services

Public Health Medicaid Linda Heinrich appeals an order affirming a decision of an administrative law judge (ALJ) for the Division of Hearings and Appeals that denied her request to have Milwaukee County’s Family Care Managed Care Organization (“Managed Care Organization”) purchase a power stair lift and install it in her home. We affirm. Not recommended for publication in the official ...

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09-3282 Jones v. Astrue

Public Health Disability benefits Where an ALJ’s adverse credibility determination was supported by the medical evidence, the opinions of treating physicians, and the claimant’s daily activities, the disability claim was properly denied. “Jones implies that the ALJ based the credibility determination on the absence of medical evidence. Although the ALJ reported that Dr. Karr did not observe any signs of ...

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