Free Newsletter
Unemployment compensation: Denial of Benefits-Overpayment
Where a claimant of unemployment benefits challenged decisions of the Labor and Industrial Relations Commission, the claimant did not timely seek review of the denial of her claim for benefits and of the finding that there was an overpayment, so that appeal was properly dismissed, and her brief did not properly develop a claim based […]
Unemployment Compensation: Denial of Benefits-Misconduct-Poor Performance Rule
Where a claimant of unemployment compensation challenged the denial of benefits, the commission erred in finding that the claimant was disqualified from receiving benefits because he violated the employer’s rule against poor performance because a general rule prohibiting poor performance is overly broad and acts as a bar to the recovery of benefits in contradiction […]
Administrative Law: Denial of Benefits-Residual Functional Capacity
Where a claimant challenged the denial of his claim for disability insurance benefits and supplemental security income, the adverse decision was supported by substantial evidence, including the residual functional capacity finding and the conclusion based on vocational expert testimony that the claimant was not disabled. Judgment is affirmed. Merold v. Saul (MLW No. 74804/Case No. […]
Workers’ Compensation: Denial of Benefits-Risk of Injury-Stairway Accident
Where a claimant, who was injured when he tripped on stairs at work, challenged the denial of worker’s compensation benefits, there was no credible evidence that his risk of walking down stairs at the time of the injury was greater than in his normal non-employment life, and the Labor and Industrial Relations Commission did not […]
Workers’ Compensation: Denial of Benefits-Evidence of Unusual Hazard or Risk
Claimant appealed from the denial of workers’ compensation benefits, which she sought after suffering a fall at work when she slipped on her school’s linoleum floor. Where claimant failed to show a particularly hazardous condition of the floor, her inability to show that the risk of walking into the school was greater than the risk […]
Administrative: Social Security-Denial of Benefits
Where a claimant challenged the denial of disability insurance benefits and supplemental security income, there was no objective medical evidence that his flare ups of gout were frequent or lengthy, and the claimant testified that the condition was controlled by medication, so substantial evidence supported the finding that he was not entitled to benefits. Judgment […]
Administrative Law: Social Security Disability Insurance-Denial of Benefits-Administrative Hearing
Plaintiff appealed from the district court’s order with the help from a social security disability lawyer affirming the denial of Social Security disability insurance benefits to plaintiff. The most important reason to hire an attorney to help with your disability case is that your chances of being approved are significantly increased. While it’s certainly true that […]
Administration: Social Security-Denial of Benefits-Intellectual Disorder
Where a claimant of supplemental security income challenged the denial of her application for benefits, the administrative law judge properly determined that the claimant’s limitations from her intellectual disorder and obesity did not rise to the level of a disability, so the judgment is affirmed. Judgment is affirmed. Dixon v. Saul (MLW No. 74461/Case No. […]
Administration: Social Security-Denial of Benefits
Where a claimant challenged the denial of disability insurance benefits, the administrative law judge properly discounted the claimant’s subjective complaints, and substantial evidence supported the determination that the claimant was not entitled to benefits, so the judgment is affirmed. Judgment is affirmed. Rumzis v. Saul (MLW No. 74437/Case No. 19-1572 – 2 pages) (U.S. Court […]
Insurance: ERISA-Denial of Benefits-Discretionary Power
Plaintiff appealed from the adverse grant of summary judgment in her ERISA claim arising from the denial of benefits. Where the plan reserved discretionary power to construe terms or make eligibility determinations, the district court properly granted summary judgment to defendant where there was no abuse of discretion. Judgment is affirmed. Presi v. Ascension Health […]
Administrative: Supplemental Security Income-Denial of Benefits-Residual Functional Capacity
Plaintiff appealed from the denial of his application for supplemental security income. Although plaintiff was found to suffer from borderline intellectual functioning, learning delays, schizoaffective disorder, and mood, personality, and anxiety disorders, an ALJ concluded that plaintiff could perform his past relevant work and that there were significant numbers of jobs plaintiff could perform w[...]
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 doctor had personally examined the claimant only twice when his assessments were normal or reflected […]
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
Top stories
- Cole County prosecutor loses third Sunshine Law appeal
- Supreme Court weighs lagging symptoms in work comp case
- New accommodation rights for pregnant workers offer broad protections
- Clark named as next Eastern District chief judge
- Russell reflects on change as women take charge of Missouri’s legal system
- NCAA scores positive gender equity review from St. Louis firm
- Big improvements for Missouri bar takers | List of bar passers
- Athena Dickson named vice-president of Missouri Bar
