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Substantial Evidence

Jul 10, 2012

Second Circuit — Substantial Evidence: Brault v. Social Security Administration

U.S. Court of Appeals for the Second Circuit Substantial Evidence Expert Testimony Brault v. Social Security Administration 11-2121-cv Judges B.D. Parker, Hall and Wallace Background: The plaintiff appealed from an order affirming the determination of the Commissioner of Social Security denying his application for disability benefits. Specifically, the plaintiff objected to the court’s reliance [...]

Nov 2, 2011

Appellate Division, Fourth Department – Substantial Evidence: Monroe v. Fischer

Appellate Division, Fourth Department Substantial Evidence Misbehavior Reports Monroe v. Fischer TP 11-00551 Transferred from Supreme Court, Wyoming County Background: The petitioner commenced an Article 78 proceeding seeking to annul the determination that he violated inmate rules, such as stalking, interference with an employee and harassment. The petitioner argued that the findings were not sup[...]

Sep 15, 2011

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[...]

May 23, 2011

Article 78: Ridge Road Fire District v. Schiano, et al.

New York State Supreme Court, Monroe County Article 78 Substantial Evidence Ridge Road Fire District v. Schiano, et al. 2006/02089 Justice Frazee Background: The respondent firefighter was employed by the petitioner fire district and sought benefits for injuries he had sustained during the course of employment. The petitioner had initially denied the claim for benefits, […]

May 23, 2011

Social Security Benefits: McMillan v. Astrue

U.S. District Court, WDNY Social Security Benefits Substantial Evidence McMillan v. Astrue 10-CV-6213L Judge Larimer Background: The plaintiff had received Supplemental Security Income Benefits as a child based on a disability. When the plaintiff reached the age of 18, he was reexamined under the disability standards of an adult.  The Commissioner of Social Security determined […]

Apr 27, 2011

Administrative Law: Britt v. Astrue

U.S. District Court, WDNY Administrative Law Substantial Evidence Britt v. Astrue 10-CV-6200T Judge Telesca Background: The plaintiff brought the action seeking review of a final decision by the commissioner of Social Security that alleged the decision of the Administrative Law Judge was not supported by substantial evidence contained in the record and was contrary to […]

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