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disability benefits

Mar 13, 2020

Administrative Law: Disability Benefits-Denial of Application-Residual Functional Capacity

Where a claimant of disability benefits challenged the denial of her application, substantial evidence supported the administrative law judge’s finding of residual functional capacity related to her right hand, so the judgment is affirmed. Judgment is affirmed. Pemberton v. Saul (MLW No. 74668/Case No. 18-3746 – 4 pages) (U.S. Court of Appeals, 8th Circuit, Kobes, […]

Sep 16, 2019

Lawyers: Success in Missouri disability benefits cases wanes

The percentage of successful disability cases aimed at reversing the denial or re-evaluation of benefits for the aged, blind or disabled has been consistently dropping for years, Legal Aid of Western Missouri said. Data provided by the Missouri Department of Social Services shows that the success rate of cases has dropped from 54 percent in […]

Sep 16, 2019

Lawyers: Success in Missouri disability benefits cases wanes

The percentage of successful disability cases aimed at reversing the denial or re-evaluation of benefits for the aged, blind or disabled has been consistently dropping for years, Legal Aid of Western Missouri said. Data provided by the Missouri Department of Social Services shows that the success rate of cases has dropped from 54 percent in […]

Jan 8, 2019

Employer-Employee: Disability Benefits-Total vs. Partial Disability-Termination of Benefits

Plaintiff worked for defendant until he underwent gallbladder-removal surgery for cancer and was approved for total disability benefits. After plaintiff underwent an IME, defendant concluded that plaintiff was partially disabled and terminated his benefits when partial disability ran out. The district court granted summary judgment to defendant under an abuse-of-discretion standard. Where plaintif[...]

Jan 12, 2018

Administrative :  Disability Benefits –  Development Of Record –  ALJ’s Duty

Combs v. Berryhill (MLW No. 71302/Case No. 16-2849 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Kelly, J.)

Sep 1, 2017

Administrative : Disability Benefits – Ability to Function

Where appellant was denied disability benefits and supplemental security income, and the ALJ based its decision on medical records which showed “no acute distress” and “normal movement of all extremities”, the ALJ failed to satisfy his duty to fully and fairly develop the record and remand was necessary to allow ALJ to conduct further inquiry […]

Jun 30, 2014

Social Security : Disability Benefits – VA Rating

Smith v. Colvin (MLW No. 66567/Case No. 13-2984 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Murphy, J.)

May 19, 2014

Judge waives disability repayments for Bosnian war victim

A Bosnian war victim defeated efforts by the Social Security Administration aimed at forcing him to repay disability benefits.

Mar 21, 2014

Social Security : Disability Benefits – Overpayment – Waiver Of Recovery

Rodysill v. Colvin (MLW No. 66171/Case No. 13-1880 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.)

Jan 20, 2014

Administrative : Disability Benefits – Past Relevant Work

Lester v. Department of Social Services (MLW No. 65931/Case No. SD32457 – 15 pages) (Missouri Court of Appeals, Southern District, Bates, J.)

Jan 9, 2013

ERISA: Disability Benefits – Termination – Ability To Work

Siegel v. Connecticut General Life Insurance Company (MLW No. 64508/Case No. 12-1897 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Murphy, J.)

Aug 9, 2012

Bankruptcy: Disability Benefits – Recoupment Of Overpayment – Equities Test

Terry v. Standard Insurance Company (MLW No. 64012/Case No. 11-2582 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.)

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