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denial of benefits

May 6, 2020

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 […]

May 6, 2020

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 […]

May 4, 2020

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. […]

Apr 20, 2020

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 […]

Mar 20, 2020

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 […]

Feb 14, 2020

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 […]

Feb 7, 2020

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 […]

Jan 31, 2020

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. […]

Jan 31, 2020

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 […]

Jan 3, 2020

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 […]

Jan 3, 2020

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[...]

Dec 6, 2019

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 […]

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