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Administrative Law

Administrative: ERISA-Exhaustion of Remedies-Fiduciary Duty

Where a claimant challenged the termination of her disability benefits, the judgment is affirmed because the claimant failed to administratively exhaust her claim of breach of fiduciary duty. Judgment is affirmed. Jones v. Aetna Life Insurance Company (MLW No. 74242/Case ...

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Administrative: Social Security-Denial of Benefits-Residual Functional Capacity

Where a claimant of Social Security disability benefits challenged an order affirming the denial of benefits and supplemental security income, the administrative law judge properly gave little weight to the residual functional capacity opinion of the treating doctor because the ...

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Administrative: Medicaid Payments-Limit-Disproportionate Share Hospitals

Where a hospital association challenged a rule in a dispute arising from the agency’s definition of “costs incurred” for supplemental Medicaid payments, and the district court granted summary judgment in favor of the association, the rule was a reasonable exercise ...

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Administrative Law: Social Security Disability-Denial Of Benefits-Speech Apraxia

Where a claimant challenged the denial of disability insurance benefits and supplemental security income, substantial evidence supported a finding by the administrative law judge that the claimant’s speech apraxia was not disabling, so the judgment is affirmed. Judgment is affirmed. ...

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Administrative Law: SSDI and SSI-Denial of Benefits-Evidence of Impairments

Plaintiff appealed from the district court’s denial of her application for SSDI and SSI benefits. Where there was sufficient evidence to support an Administrative Law Judge’s determination that none of plaintiff’s impairments met any of the listings to qualify her ...

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Administrative: Social Security Act-Intellectual Disorder-Disability

Where a claimant of supplemental security income under the Social Security Act challenged the denial of benefits, the administrative law judge did not err in determining that the claimant’s intellectual disorder was not severe enough to qualify as a listed ...

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Administrative: Tax-Dismissal of Petition-Failure to Pay Filing Fee

Plaintiff appealed the dismissal of his petition to the tax court. Where plaintiff failed to pay the filing fee, the tax court was authorized to dismiss plaintiff’s petition. Judgment is affirmed. Smith v. Commissioner of Internal Revenue (MLW No. 73892/Case ...

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Administrative: Child-Support Arrearage-Certification-Educational Expenses

Where a father appealed a determination by the state’s Family Support Division that affirmed the division’s certification to the U.S. Department of State that the father owed an arrearage of child support in an amount that exceeded $2,500, the judgment ...

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Administrative: Accountancy License-Probation-Professional Education Deficiencies

Where an accountant challenged the decision of the state’s board of accountancy placing her license on probation for three years, increasing her yearly continuing professional education requirement and ordering her to complete a remedial course, the discipline was an abuse ...

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