Monday, September 25, 2006

All my blogs

WINNING FEDERAL CRIMINAL CASES - http://winning-federal-criminal-cases.blogs
Dissenting Opinions - http://dissentingopinions.blogspot.com
Winning Federal Criminal Cases - http://winning-federal-criminal-cases.blogspot.com
Ineffective Assistance of Counsel - http://ineffectiveassistanceofcounsel.blogspot.com
Interesting Criminal Cases - http://interestingcriminalcases.blogspot.com
Winning SSI Disability Cases - http://winningsssdisabilitycases.blogspot.com
Homeless in Heaven - http://homelessinheaven.blogspot.com
Habeas Corpus Winners http://habeascorpuswinners.blogspot.com
Montana Winning Cases http://montana winningcases.blogspot.com
Winning Daily Decisions http://winningdailydecisions.blogspot.com
Daily Decisions - http://dailydecision.blogspot.com/atom.xml MarkGivenPhotographs http://markgivenphotographs.blogspot.com

Friday, September 22, 2006

ALJ failed to develope record

Mendoza v. Barnhart, 436 F.Supp.2d 1110 (C.D. California, June 26, 2006)(ALJ failed to properly develope the record).

Friday, September 15, 2006

Allord v. Barnhart, 455 F.3d 818 (7th Cir. 2006)(ALJ was required to give some weight to determination of Department of Vetrans Affairs that claimant was totally disabled; 2. ALJ's error in discrediting testimony of claimant's friend was not harmless. Reversed and remanded. dks@quarles.com,

Thursday, September 14, 2006

Wednesday, September 13, 2006

Draper v. Barnhart, 425 F.3d 1127 (8th Cir. 2005)(ALJ's that SSD claimant could not perform her past work was inconsistent with ALJ's conclusion that claimant had the residual functional capacity to perform full range of light work, necessitating remand for further inquiry; 2. Substantial evidence did not support ALJ's conclusion that claimant's allegations of disabling pain were inconsistent with her reports of her normal daily activities and therefore not credible; 3. ALJ's refusal to call vocational expert compounded its error in failing to credit claimant's subjective complaints of pain. Reversed and remanded.

Tuesday, September 12, 2006

Briscoe ex rel, Taylor v. Barnhart, 425 F.3d 345 (7th Cir. 2005) (1. ALJ did not properly determine onset of disability, 2. ALJ could not ignore statements of claimant about intensity and persistence of his pain just because supporting witness was not credible; 3. ALJ's credibility determination was in error; 4. ALJ was required to describe outcome of his promise to search for missing application and explain why he proceeded without it; 5. conclusion could not be made as to whether claimant was disabled before particular date on evidence in record, and further proceeding required. barrylaw@core.com

Thursday, September 07, 2006

Bergen v. Commissioner of Social Sec., 454 F.3d 1273 (11th Cir. 2006)(The Court of Appeals addresses issue of first impression, held that Social Secuirty Act permits attorney fees for past-due benifits after a remand). Attorney clmartin@ssapeals.com

Widmark v. Barnhart, 454 F.3d 1063 (9th Cir. 2006)(ALJ's reasons for rejecting examining physician's opinion were not supported by substantial evidence, and ALJ's reliance on applicant's failure to mention his thumb injury as ground for rejection of opinion of examining orthopedist was unreasonable). Attorney twilborn@mindspring.com

Stout v. Commissioner, Social Sec. Admin., 454 F.3d 1050 (9th Cir. 2006)(Reversed and remanded because the ALJ failed to provide any reasons for rejecting competent lay testimony, and because we conclude that error was not harmless, substantial evidence does not support the Commissioner’s decision that Stout can perform his previous work as a vine pruner. Attorney ktucker@stc-law.com

Tuesday, September 05, 2006

Kangail v. Barnhart, 454 F.3d 627 (7th Cir. 2006)(held substantial evidence did not support determination by ALJ that social security disability claimant was not disabled independent of her substance abuse as a result of her bipolar disorder). Attorneys fdaley@ddbchicago.com,dabryant@ddbchicago.com,haloe@ddbchicago.com,comerford@ddbchicago.com