News & Analysis as of

Administrative Law Judge (ALJ) Disability Benefits

Marshall Dennehey

Residual Functional Capacity to Perform Sedentary Work Leads to Denial of Social Security Benefits

Marshall Dennehey on

Ferraro v. O’Malley, 2024 WL 920056 - The plaintiff was involved in a motor vehicle accident that caused her to be out of work for six months. While the plaintiff did continue working after her alleged disability onset date,...more

Dorsey & Whitney LLP

The Supreme Court - April 22, 2021

Dorsey & Whitney LLP on

AMG Capital Management, LLC v. FTC, No. 19-508: Petitioner Scott Tucker controlled a number of companies offering short-term payday loans. The Federal Trade Commission (“FTC”) brought suit, claiming that Tucker and his...more

Dorsey & Whitney LLP

The Supreme Court - November 9, 2020

Dorsey & Whitney LLP on

Carr v. Saul, No. 19-1442; Davis v. Saul, No. 20-105: Whether a claimant seeking disability benefits under the Social Security Act, 42 U.S.C. §301 et seq., forfeits an Appointments Clause challenge to the appointment of an...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Long Arms and Sore Backs

This week, the Ninth Circuit explains when courts have personal jurisdiction over foreigners who contract with U.S.-based businesses, and whether severe pain can qualify as a disability under the Longshore and Harbor Workers’...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Places Another Limitation on Chevron Deference

The justices of the Supreme Court of the United States have again limited the reach of Chevron deference. On May 28, 2019, the Court in Smith v. Berryhill carved another exception into what has lately proven to be its...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Smith v. Berryhill

On May 28, 2019, the U.S. Supreme Court decided Smith v. Berryhill, holding a dismissal by the Social Security Administration’s Appeals Council on timeliness grounds after a claimant has had an administrative law judge...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Biestek v. Berryhill

On April 1, 2019, the Supreme Court decided Biestek v. Berryhill, No. 17-1184, holding that a Social Security Administration (SSA) vocational expert’s opinion may constitute “substantial evidence” supporting an administrative...more

Littler

The Zone of Special Danger: Employing Local Nationals on U.S. Bases Overseas

Littler on

Companies providing services on U.S. military bases overseas are probably familiar with the Defense Base Act (DBA), a comprehensive federal workers’ compensation scheme providing medical and income benefits to injured...more

Nossaman LLP

Superior Court Upholds Retirement Board's Provision of Due Process Through Administrative Hearing Process

Nossaman LLP on

Due process-based claims have taken center stage in several claims against some California public retirement systems of late. A recent ruling by the Superior Court for the County of Marin, however, held that the Board of...more

Chambliss, Bahner & Stophel, P.C.

What You Need to Know About Applying for Disability Benefits

Applying for disability benefits from the federal government through the Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) programs can be a daunting task. Here is a brief overview of how the...more

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