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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, […]
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 […]
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 […]
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[...]
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.)
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 […]
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.)
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.
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.)
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.)
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.)
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.)
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
- Supreme Court hears challenge to KC police funding
- Missouri Lawyers Media’s legal coverage commended
- 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
