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WDNY – Social Security Disability: Westfall v. Colvin
U.S. District Court, WDNY Social Security Disability Credibility – Inconsistent Opinion from Treating Physician Westfall v. Colvin 13-cv-6504L Judge Larimer Background: The plaintiff appealed from the denial of disability benefits on the grounds that she was not disabled. Ruling: The District Court found that the administrative law judge applied the correct legal standards and supported [&hellip[...]
WDNY – Social Security Disability: Wilson v. Colvin
U.S. District Court, WDNY Social Security Disability Disabled – Functional Capacity Wilson v. Colvin 14-cv-6279L Judge Larimer Background: The plaintiff appealed from the denial of his disability benefits by the commissioner of Social Security on the grounds that he was not disabled. The parties moved for a judgment on the pleadings. Ruling: The District Court […]
Second Circuit – Social Security Disability: Greek v. Colvin
U.S. Court of Appeals for the Second Circuit Social Security Disability Treating Physician – Rule of Deference Greek v. Colvin 14-3799 Judges Katzmann, Hall and Livingston Background: The plaintiff appealed from an order granting the defendant’s motion for judgment on the pleadings. The plaintiff argued that the law judge failed to provide adequate reasons for […]
Second Circuit – Social Security Disability: Robinson v. Concentra Health Services, Inc.
U.S. Court of Appeals for the Second Circuit – Social Security Disability – Racial Discrimination – Termination Robinson v. Concentra Health Services, Inc. 14-941-cv Judges Parker, Hall and Lohier Background: The plaintiff worked for the defendant until she was terminated. She applied for Social Security disability benefits four days after being terminated on […]
U.S. District Court, WDNY – Social Security Disability: Wilferth v. Colvin
U.S. District Court, WDNY – Social Security Disability – Treating Physician Rule – COPD Wilferth v. Colvin 13-cv-6235L Judge Larimer Background: The plaintiff commenced an action seeking review of a decision of the commissioner of Social Security which denied his application for Social Security disability and disability insurance benefits. The plaintiff argued that the [&h[...]
Second Circuit — Social Security Disability: McIntyre v. Colvin
U.S. Court of Appeals for the Second Circuit Social Security Disability Functional Capacity Evaluation — Sufficiency of Evidence McIntyre v. Colvin 13-2886-cv Judges Newman, Jacobs and Cabranes Background: The plaintiff appealed from a judgment affirming the denial of her application pursuant to Title II of the Social Security Act for disability insurance benefits and supplemental […]
WDNY — Social Security Disability: Fee v. Astrue
U.S. District Court, WDNY Social Security Disability Vocational Expert — Transferable Skills Fee v. Astrue 11-cv-6625L Judge Larimer Background: The plaintiff sought review of the commissioner of Social Security’s determination that he was not disabled under the Social Security Act. The plaintiff alleged that he was disabled due to a number of health issues including […]
WDNY — Social Security Disability — Functional Capacity: Harris v. Astrue
U.S. District Court, WDNY Social Security Disability — Functional Capacity Sedentary Work — Total Disability Harris v. Astrue 11-cv-6299L Judge Larimer Background: The plaintiff appealed from the denial of his application for disability insurance benefits by the commissioner of Social Security. The defendant moved for judgment on the pleadings. Ruling: The District Court granted the […]
Second Circuit — Social Security Disability: Selian v. Astrue
U.S. Court of Appeals for the Second Circuit Social Security Disability Fibromyalgia — Uncontroverted Medical Evidence Selian v. Astrue 12-871 Judges Kearse, Katzmann and Rakoff Background: The plaintiff appealed from a determination by the commissioner of Social Security finding that he was disabled. The plaintiff argued that he was entitled to benefits on the ground that […]
WDNY — Social Security Disability: Coppeta v. Commissioner of Social Security
U.S. District Court, WDNY Social Security Disability Sufficiency of the Evidence Coppeta v. Commissioner of Social Security 11-cv-6311L Judge Larimer Background: The plaintiff appealed from the defendant’s denial of disability insurance benefits. The plaintiff had alleged an inability to work due to migraine headaches, a degenerative disc disease, and carpal tunnel syndrome. The defendant moved[...]
Torres v. Astrue
U.S. District Court, WDNY Social Security Disability Disability — Substantial Evidence Torres v. Astrue 10-cv-6581 Judge Telesca Background: The plaintiff sought review of the final decision of the commissioner of Social Security denying his application for disability insurance benefits and supplemental security income. The plaintiff alleged that the administrative law judge committed numerous e[...]
Case Digests
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
- NYS Advisory Committee on Judicial Ethics – Judicial candidacy: Opinion 22-155
- Fourth Department – Defamation: Lavine v. Glavin
- NYS Advisory Committee on Judicial Ethics – Law clerk: Opinion 22-154
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
Law News
- Appeals court upholds conviction
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
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