Justia Public Benefits Opinion Summaries

Plaintiff-Appellant Patrick Dorman appealed a district court's denial of his request for an Equal Access to Justice (EAJA) fee. Plaintiff filed his application for social security disability benefits in 2004 alleging that he became disabled on December 30, 2003, due to breathing problems and depression. The agency denied his applications initially and on reconsideration. Plaintiff obtained a hearing before an administrative law judge (ALJ) who determined that he could return to his past relevant work and, therefore, upheld the denial of his application. Plaintiff then appealed administratively to the Appeals Council, which denied review of the ALJ’s decision. Plaintiff thereafter unsuccessfully appealed the Council's decision to the district court. Plaintiff then appealed to the Tenth Circuit court, raising essentially the same issues he had presented in the district court but this time focusing his argument on the ALJ’s failure to properly evaluate his mental impairments. The Tenth Circuit found merit to Plaintiff's argument and overturned the lower courts' decisions. Plaintiff's counsel thereafter petitioned the district court for an award of EAJA fees. Upon review, the Tenth Circuit concluded the district court abused its discretion in denying Plaintiff's EAJA fee motion. Consequently, the Court reversed the district court’s denial of his EAJA motion for fees and costs, and remanded the case with instructions to grant the motion and to award a reasonable fee and appropriate costs to Plaintiff.

Plaintiff Duane Barber (Barber) appealed the Commissioner of Social Security's denial of benefits claiming that an Administrative Law Judge (ALJ) failed to properly consider the evidence he presented in support of his claim. Plaintiff claimed he was disabled by schizophrenia, anti-social personality disorder, depression, anxiety and bipolar disorder. Barber eventually applied for Supplemental Security Income but the ALJ concluded at step five of the five-step evaluation process that Plaintiff was not disabled. The Appeals Council denied review, and a magistrate judge, acting on the parties' consent, affirmed. Plaintiff then brought his appeal to the Tenth Circuit. Upon review of the administrative record, the Tenth Circuit found that the ALJ properly explained his findings throughout. Because the record supported the ALJ's decision in this case, the Tenth Circuit affirmed the ALJ's decision to deny Plaintiff's application for benefits.

Plaintiff Rosemary Kilinski sought social security benefits in 1999. The Commissioner determined that she was disabled as of October 2003. In this case, Plaintiff appealed the district court's judgment that upheld the Commissioner's determination that her disability onset date was in 2003 rather than 1999. Upon review, the Tenth Circuit found that the Administrative Law Judge erred in assessing Plaintiff's residual functional capacity. Accordingly, the Court remanded the case for further proceedings.

Plaintiff Donna Butterick appealed a district court order that affirmed the Social Security Commissioner's denial of her application for disability insurance. Plaintiff argued on appeal that the Administrative Law Judge (ALJ) committed reversible error in denying her application because he failed to follow the Commission's own procedure in examining and admitting testimony of the medical expert that testified at her hearing. Upon review of the hearing record, the Tenth Circuit concluded that the alleged procedural errors at Plaintiff's hearing were "harmless." Because Plaintiff failed to show any prejudice, the Court affirmed the ALJ's decision to deny Plaintiff disability benefits.

Plaintiff Melissa Qualls appealed a district Court's order that affirmed the Social Security Administration's decision to deny her application for disability insurance benefits. Plaintiff alleged she became disabled in 2004. Her "date last insured" was December 31, 2008, "thus she had the burden of proving that she was totally disabled on that date or before." Though Plaintiff suffered from multiple sclerosis, the Administrative Law Judge (ALJ) found that she was not disabled because "she could make a successful adjustment to other light and sedentary work that exists in significant numbers in the national economy." On appeal, Plaintiff argued that the ALJ failed to perform a proper credibility determination prior to rendering his judgment. Upon review of the Administration's record, the Tenth Circuit found that the Commissioner's decision was supported by substantial evidence, and the the law was properly applied. The Court affirmed the Commission's decision to deny Plaintiff further insurance benefits.

Plaintiff Laurie Harper appealed a district court's order that affirmed the denial of her disability benefits. Plaintiff alleged her disability was based on fibromyalgia and depression. The Social Security Administration denied her applications initially and on reconsideration. The Administrative Law Judge determined that she was not "disabled" within the meaning of the Social Security Act. Upon review of the testimony of the expert witnesses and the record of the Commission's analysis of her case, the Tenth Circuit found sufficient evidence to support Ms. Harper's claim of disability in this case. The Court reversed the district court's order and remanded the case to the Commissioner for further proceedings.

Plaintiff Geral Brown appealed a district court's order that granted summary judgment to Defendant Hartford Insurance Company (Hartford). Plaintiff sued Hartford under the Employee Retirement Income Security Act (ERISA) for the company's termination of his long-term disability benefits. Following his injury, Plaintiff filed for Social Security Disability benefits as required by his benefit plan, and the Social Security Administration awarded him benefits. The plan then offset the monthly benefit it paid to Plaintiff by the amount of the Social Security benefit. The Hartford denied Plaintiff's administrative appeal. After examining and weighing the evidence, the trial court granted summary judgment to the Hartford. The Tenth Circuit concluded that the plan administrator's decision was supported by substantial evidence. Accordingly, the Court affirmed the decision of the district court.

Plaintiff Angela Weigel appealed a district court order that denied her supplemental Social Security Income benefits. On appeal to the Tenth Circuit, she challenged the court's findings that she was able to work despite her documented disabilities. Upon consideration of the administrative record, the Tenth Circuit found that the Administrative Law Judge's analysis of Plaintiff's case did not make the requisite findings required by law to justify the denial of benefits. The Court vacated the lower court's order and remanded the case for further proceedings.

Plaintiff-Appellant Carl Sheppard appealed the district courtâs order which denied his applications for disability insurance and supplemental security income benefits under the Social Security Act. The Administrative Law Judge (ALJ) denied Plaintiffâs applications for benefits in January, 2008 because the part-time work Plaintiff was doing at the time of his application was âsubstantial gainful activity.â The Tenth Circuit found that the ALJ failed to apply the correct legal standards in arriving at his conclusion. Accordingly, the Court reversed the lower court and remanded the case for further proceedings.

Plaintiff-Appellant Jessica Cohon sought funding through New Mexicoâs Medicaid program. She qualified for the âMi Via Waiverâ program, and submitted budget requests which were partly granted, partly denied. After an unsuccessful administrative appeal, she filed suit, alleging that the administration of the Mi Via Waiver program discriminated against severely disabled persons like herself. The State moved to dismiss Plaintiffâs complaint, arguing that not only was it the wrong entity being sued, but that Plaintiff had no statutory basis to support her suit. The district court dismissed Plaintiffâs claims based on federal law, but remanded her state-law claims to the administrative agency for further proceedings. Plaintiff appealed the dismissal of her federal law claims to the Tenth Circuit. Upon review, the Tenth Circuit found Plaintiffâs federal claims âinsufficient in substance,â and affirmed the judgment of the district court that dismissed her claims.