• 3The plaintiff uses the social media platform www.X..com operated by the defendant. (gdprhub.eu)
  • Additionally, we notice a peremptory exception raising the objection of no cause of action, sua sponte, finding the plaintiffs fail to state a cause of action against the Board of Secondary and Elementary Education and render judgment dismissing this defendant, with prejudice. (findlaw.com)
  • We undertake expert witness assignments throughout the United States and our clients include several hundred leading law firms around the country, working on behalf of both plaintiff and defendant financial institutions, borrowers, depositors, investors, developers, insurance companies and their insured, securities/insurance/real estate brokers/agents, regulators and government agencies, and individuals. (experts.com)
  • MAGIC WORDS: "Plaintiff will receive payments at the same time as Defendant. (ncfamilylaw.com)
  • Defendant will be responsible for making these payments each month to Plaintiff until DFAS begins making these payments to her, and during this interim, Defendant will pay Plaintiff directly her full share, unadjusted for taxes. (ncfamilylaw.com)
  • CIVIL ACTION NO. 15-00225-B ORDER Plaintiff judicial Kenyada review Social Security income and child of a Dukes final denying (hereinafter decision his insurance claim benefits of for "Plaintiff") the Commissioner supplemental under seeks Title Social Security Act, 42 U.S.C. §§ 1381, et seq. (justia.com)
  • MEMORANDUM OPINION AND ORDER Plaintiff brings this action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3), seeking judicial review of a final decision of the Commissioner of Social Security denying her claims for disability insurance benefits and supplemental security income. (justia.com)
  • I. Introduction ) ) ) ) ) ) ) ) ) ) 3:15-cv-1782-LSC MEMORANDUM OF OPINION The Plaintiff, Donna Leah Landis, appeals from the decision of the Commissioner of the Social Security Administration ("Commissioner") denying her application for a period of disability and Disability Insurance Benefits. (justia.com)
  • Mock jury research shows that plaintiffs' mental suffering contributes more to the perceived severity of their injuries and ultimate noneconomic damage awards than any other injury dimension (e.g., pain, disfigurement) except disability. (thejuryexpert.com)
  • Section 204(a)(1) of the Social Security Act (Act) authorizes the Secretary of the Department of Health, Education, and Welfare to recoup erroneous overpayments made to a beneficiary under the old-age, survivors', or disability insurance programs by decreasing future payments to which the overpaid person is entitled. (chanrobles.com)
  • This complaint for review of decisions by the Appeals Council of the Social Security Administration and of the Administrative Law Judge denying plaintiff's application for disability benefits was filed on June 14, 1976. (casetext.com)
  • Plaintiff moved for remand to the Secretary of HEW and the Social Security Administration on January 18, 1977, for further hearings on plaintiff's disability, his eligibility for benefits and the validity and propriety of the termination of his benefits. (casetext.com)
  • Plaintiff applied for disability benefits under 42 U.S.C. § 423 and for a period of disability under 42 U.S.C. § 416(i) on June 20, 1973. (casetext.com)
  • Upon consideration of the administrative record, plaintiff s brief, and the Commissioner s brief,1 it is determined that the Commissioner s decision denying plaintiff benefits should be reversed and remanded for further proceedings not inconsistent with this decision.2 Plaintiff alleges disability due to lymphedema. (justia.com)
  • We handle group Long Term Disability (LTD) claims, individual disability insurance policy claims, ERISA disability claims, and Social Security Disability claims. (nickortizlaw.com)
  • Plaintiff received short-term disability benefits from July 23, 2012, to January 20, 2013. (nickortizlaw.com)
  • On January 20, 2013, Plaintiff began receiving long term disability benefits based on his inability to work in his previous position. (nickortizlaw.com)
  • Aetna paid Plaintiff long-term Occupational Disability benefits for the full available time period, two years, from January 21, 2013 to January 20, 2015. (nickortizlaw.com)
  • Under the Plan, Aetna required Plaintiff to apply for Social Security Disability Income, and in May 2013, the Plaintiff was rendered totally disabled and awarded SSDI. (nickortizlaw.com)
  • Six months ago, she filed for social security disability benefits (SSD) and was initially denied because her condition was not severe enough, after being given a more thorough and accurate diagnosis, she was approved to receive benefits, as she is expected to be "disabled" for at least one year or until death. (familyblawg.com)
  • Filing for SSD is a lengthy, frustrating, and complicated process with strict guidelines that are based upon how much work you have performed throughout your life (and paid into Social Security) and if your disability falls within the List of Impairments. (familyblawg.com)
  • Social Stability disability attorneys or representatives are typically not familiar with some of the civil legal rights rules and other treatments which could be obtainable to their consumers, over and above, or in lieu of, Social Security disability advantages, and which might end result in extra or option sources of monetary proceeds for their consumers. (applicationstips.com)
  • Also, as Social Security disability statements have greatly improved thanks to the lagging economic system, consumer advocates might encounter several persons who will not meet the stringent Social Security disability specifications, but may possibly be capable to qualify for other reduction. (applicationstips.com)
  • Plaintiff timely pursued and exhausted her administrative remedies, and the decision of the Commissioner is ripe for review pursuant to 42 U.S.C. §§ 405(g), 1383(c)(3). (justia.com)
  • Grays v. Social Security Administration, Commissioner Doc. (justia.com)
  • If the plaintiff's impairment 3 or combination of impairments does not prevent her from performing her past relevant work, the evaluator will make a finding of not disabled. (justia.com)
  • The fifth and final step requires the evaluator to consider the plaintiff's RFC, age, education, and work experience in order to determine whether the plaintiff can make an adjustment to other work. (justia.com)
  • On September 3, 2013, the ALJ issued two separate unfavorable decisions finding that Plaintiff is not disabled and denying both of Plaintiff's claims for benefits. (justia.com)
  • On July 27, 1977, Magistrate Mix filed Proposed Findings and Recommendations, recommending that defendant's motion for summary judgment be granted and plaintiff's motion for remand be denied. (casetext.com)
  • Dr. John P. Shallcross, a neuropsychologist, concluded the same finding that there was no documentation of Plaintiff's "mental and nervous condition from 5/3/13 forward," and "no assessment of [Plaintiff's] psychiatric state sufficient to diagnose an Adjustment Disorder. (nickortizlaw.com)
  • Dr Martin Mendelssohn, a retired orthopedic surgeon, concluded that there were insufficient objective findings that Plaintiff could not work at least twenty five hours per week, based on his review of Plaintiff's file. (nickortizlaw.com)
  • E. D. VA). The plaintiff, who purports to represent a nationwide class of individuals, alleges, among other things, that the Company's negligence resulted in the compromise of the plaintiff's personally identifiable information and protected health information. (maximus.com)
  • 11th Circuit found that given plaintiff's later assertion that they were on the property and property was listed on the schedules, district court should have granted pro se plaintiffs leave to amend complaint. (hillsboroughbankruptcy.com)
  • Plaintiff (who was twenty-three years old at the time) attended the hearing with his counsel and provided testimony related to his claims. (justia.com)
  • Plaintiff attended the hearing with his counsel and provided testimony related to his claims. (justia.com)
  • Plaintiffs' counsel Paul Smith said these cases are already finding their ways to SCOTUS under different guises. (txelects.com)
  • Jessica regularly counsel clients on a variety of employment-related issues, including human resources policies and procedures, separation agreements, employee termination, and compliance with various state and federal regulations, including the Equal Pay Act (EPA), Fair Credit Reporting Act (FCRA), the Worker Adjustment and Retraining Notification Act (WARN). (orrick.com)
  • The Indiana Family and Social Services Administration and its subdivision, the Office of Medicaid Policy and Planning (collectively "FSSA"), administer Indiana's Medicaid program. (findlaw.com)
  • The United States, together with the National Association for the Advancement of Colored People, [NAACP] and African American homeowners in Milwaukee (collectively "the private plaintiffs"), have alleged that American Family Mutual Insurance Company [American Family] has violated the Fair Housing Act (Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988), 42 U.S.C. 3601, et seq, . (justice.gov)
  • Applying the sequential evaluation process, the ALJ found as an initial matter that Plaintiff met the insured status requirements of the Social Security Act through December 31, 2016. (justia.com)
  • 1). Plaintiff The parties waived oral argument on June 8, 2016 (Doc. (justia.com)
  • Plaintiffs seek for themselves and on behalf of their class [FN1] declaratory and injunctive relief against the defendants for a myriad of acts that allegedly violate the constitutional rights of the plaintiff class. (blackpast.org)
  • The city defendants have generally denied the allegations of the plaintiffs. (blackpast.org)
  • The state defendants have agreed with virtually all the contentions made by the plaintiffs here against the city defendants. (blackpast.org)
  • An individual impairment or combination of impairments that is not classified as "severe" and does not satisfy the durational 2 requirements set forth in 20 C.F.R. §§ 404.1509 and 416.909 will result in a finding of not disabled. (justia.com)
  • Appeals Council denied Therefore, the ALJ's decisions dated September 3, 2013 became the final decisions of 1 Plaintiff has raised no issue on appeal regarding the ALJ's findings related to any of his physical impairments. (justia.com)
  • In addition, the private plaintiffs have asserted violations of the Civil Rights Acts of 1870 and 1866, 42 U.S.C. 1981 and 1982, and the Wisconsin Open Housing Law, Wis. (justice.gov)
  • Plaintiffs, Charles Brown and Patsy Brown, as co-pastors and operators of Prevailing Faith Christian Academy, filed suit against the Louisiana Department of Education, John White in his capacity as former Superintendent of the Louisiana Department of Education, and the Board of Secondary and Elementary Education (BESE), seeking declaratory relief and alleging due process violations and tort claims. (findlaw.com)
  • Jessica's practice involves employment litigation on a variety of legal issues, including defense of class action and single-plaintiff claims of discrimination, harassment, wrongful termination, misclassification, and other wage-and-hour violations. (orrick.com)
  • Litigation institutions might influence social welfare by affecting the likelihood of out-of-court settlement and the potential injurers' investment in product safety. (repec.org)
  • In particular, findings from experimental economics work on litigation institutions indicate the presence and robustness of cognitive biases, and provide evidence of the effects of litigants' biased beliefs on the likelihood of impasse. (repec.org)
  • These findings have motivated the construction of new economic models of litigation involving more empirically-relevant assumptions about litigants' beliefs. (repec.org)
  • We evaluate, on a regular basis, developments in our litigation matters and establish or make adjustments to our accruals as appropriate. (maximus.com)
  • On July 14, 2012, Plaintiff was involved in a catastrophic accident which caused several severe orthopedic injuries, including a splintering of his pelvis. (nickortizlaw.com)
  • Plaintiff had "severe derangement of the pelvic musculature, hip joints, and sacral iliac joints. (nickortizlaw.com)
  • In making this finding, the undersigned has considered all symptoms and the extent to which these symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence, based on the requirements of 20 CFR 404.1529 and 416.929 and SSRs 96-4p and 96-7p. (justia.com)
  • For this purpose, whenever statements about the intensity, persistence, or functionally limiting effects of pain or other symptoms are not substantiated by objective medical evidence, the undersigned must make a finding on the credibility of the statements based on a consideration of the entire case record. (justia.com)
  • Dr. James Wallquist, an orthopedic surgeon, concluded that there was insufficient objective medical evidence to show that Plaintiff could not work at least twenty-five hours per week. (nickortizlaw.com)
  • If Congress wanted the VA to adjust a claimant's entitlement to retroactive benefits based on unmentioned equitable factors, it is difficult to see why it spelled out a long list of situations in which a claimant is entitled to adjustment-and instructed the VA to stick to the exceptions 'specifically provided,'" Barrett wrote. (courthousenews.com)
  • There has been no factual finding or adjudication with respect to any matter alleged in or arising out of either complaint. (justice.gov)
  • Plaintiff/debtor had not sought leave to amend the complaint. (hillsboroughbankruptcy.com)
  • if no finding is made, the analysis will proceed to the next step. (justia.com)
  • The controller replied that data scraping - which is not hacking - does not entail a violation of the GDPR by the controller, as no mandatory security measures where circumvented and the plaintiff made an informed decision to voluntarily share their phone number on the site. (gdprhub.eu)
  • A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. (casetext.com)
  • A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate. (casetext.com)
  • The Administrative Law Judge (ALJ) made the following relevant findings: 3. (justia.com)
  • The Plaintiff said she suffered from a Mild Traumatic Brain Injury in the first accident and this injury was made worse in the second accident. (bc-injury-law.com)
  • A key exchange involved adjustments made to the Wisconsin maps during the redistricting process that resulted in ever greater Republican advantages. (txelects.com)
  • An applicant for Social Protection incapacity advantages regularly has a history, such as his health-related conditions or work history, which has introduced him to the position of making use of for this variety of advantage, which calls for that he is considered unable to carry out substantial gainful work for a minimal of twelve (12) months or he has a problem that will end result in dying. (applicationstips.com)
  • If the findings help your injuries, restrictions and disabilities, they'll request a narrative report. (sproutnest.com)
  • In addition, in wrongful death cases someone has suffered a physical injury (i.e. the decedent), even though the surviving plaintiff typically has not. (thejuryexpert.com)
  • Plaintiff was fifty years old at the time of the Administrative Law Judge's ("ALJ's") decision, and she has a high school education. (justia.com)
  • On September 20, 2010, the ALJ issued an unfavorable decision finding that Plaintiff was not disabled. (justia.com)
  • Other findings from the trial decision, including Judge Vaughn Walker's findings of fact, remain controlling precedent for future relevant cases. (wikipedia.org)
  • She prepares confidential, privileged reports and assists decision-makers in addressing investigative findings in a variety of contexts, including sexual misconduct, athletic department, board-mandated and non-compliance investigations. (huschblackwell.com)
  • Plaintiff appealed the decision to the Aetna Appeal Review Committee. (nickortizlaw.com)
  • Sitting en banc, the Federal Circuit was evenly divided on the complex issue in Arellano's case and their per curiam decision left in place the Andrews precedent. (courthousenews.com)
  • Several groups sought to intervene as plaintiffs, including the groups who had prosecuted the actions entitled In re Marriage Cases and Strauss v. Horton. (wikipedia.org)
  • Plaintiffs can almost always recover general, or noneconomic (e.g., pain and suffering), damages for psychological injuries that are attendant on negligently caused physical injury. (thejuryexpert.com)
  • Although all of these psychological injuries are potentially compensable when they result from physical harm, only rarely can plaintiffs recover damages for NIED in the absence of physical harm. (thejuryexpert.com)
  • With the determination of fault out of the way the court had to decide what injuries the Plaintiff suffered in both these crashes and their value. (bc-injury-law.com)
  • The justices unanimously sided in favor of Veteran Affairs Secretary Denis McDonough, finding there is "good reason to believe" that Congress did not want equitable tolling to apply because the statue "contains detailed instructions for when a veteran's claim for benefits may enjoy an effective date earlier than the one provided by the default rule. (courthousenews.com)
  • and that Florida's minorities had suffered historically from official discrimination, the social, economic, and political effects of which they continued to feel. (justia.com)
  • Trials are rare in discrimination class actions, since juries are thought to be more sympathetic to plaintiffs. (dirtdiggersdigest.org)
  • Plaintiff claims that she became disabled on August 22, 2011, which is the date that she had surgery on her neck (an anterior cervical discectomy and fusion), due to spinal stenosis, exostosis, bone spur, cervical disc degeneration, tendinopathy of rotator cuff, and tear of the supraspinatus tendon. (justia.com)
  • In 1992, the United States Court of Appeals for the Seventh Circuit ruled that the claims asserted in this case are covered by the Fair Housing Act, and in the same year, this Court certified the private plaintiffs' case as a class action. (justice.gov)
  • By agreeing to this consent decree, American Family neither admits nor denies the claims of the United States or the private plaintiffs. (justice.gov)
  • The plaintiffs chose, however, to pursue their claims in federal court. (justia.com)
  • 1) First, Aetna conducted no in-person evaluation of Plaintiff at any level throughout the claims process, instead relying wholly on file reviews. (nickortizlaw.com)
  • The creator's statements and opinions haven't been evaluated by LegalZoom for completeness, accuracy, or adjustments in the legislation. (sproutnest.com)
  • I. Procedural History Plaintiff filed an application for supplemental security income benefits on June 12, 2001, when he was fourteen years old. (justia.com)
  • The result has put a large load of proving a incapacity on the plaintiff, which was obviously from Congress' intent. (applicationstips.com)
  • Autism spectrum disorder (ASD) is a neurodevelopmental condition characterized by impaired social communication and repetitive or stereotypic behaviours. (mdpi.com)
  • The fourth step requires the evaluator to determine whether the plaintiff has the RFC to perform the requirements of her past relevant work. (justia.com)
  • 404.1520(a)(4)(v), 416.920(a)(4)(v). If the plaintiff can perform other work, the evaluator will find her not disabled. (justia.com)
  • If the plaintiff cannot perform other work, the evaluator will find her disabled. (justia.com)
  • The testimony at issue was that plaintiff was qualified to perform work which existed in significant numbers in the region where plaintiff lives or in several regions of the country. (casetext.com)
  • If the plaintiff is, in fact, qualified to perform such work, then under 42 U.S.C. § 423(d)(2)(A) , plaintiff is not disabled. (casetext.com)
  • The Social Security Administration has established a five-step sequential evaluation process for determining whether an individual is disabled and thus eligible for DIB or SSI. (justia.com)
  • While every practitioner should be sensitive to this wide variety of cultural and individual practices, it is not possible to dictate a particular class of provider that a patient must see for evaluation of unusual findings. (worldchiropracticalliance.org)
  • A North Rhine-Westphalia court rejected a claim for non-material damages pursuant to Article 82 GDPR in the context of consciously and voluntarily published personal data on a social media platform. (gdprhub.eu)
  • A three-judge District Court reviewed the totality of circumstances as required by §2 and Thornburg v. Gingles, 478 U. S. 30 , and concluded that the three Gingles preconditions for establishing dilution were satisfied, justifying a finding of vote dilution. (justia.com)
  • This court must now undertake de novo review of the portions of the magistrate's findings and recommendations to which plaintiff has objected. (casetext.com)
  • In light of the pending state proceedings, the Federal District Court should not have exercised its jurisdiction but should have abstained under the doctrine of Younger v. Harris, supra, which, in counseling federal-court abstention when there is a pending state proceeding, reflects a strong policy against federal intervention in state judicial processes in the absence of great and immediate irreparable injury to the federal plaintiff. (openjurist.org)
  • While using Facebook's social media services, the data subject provided several mandatory personal data, including their first name, last name and sex. (gdprhub.eu)
  • It's not sufficient to simply have a glance at star ratings on social media. (sproutnest.com)
  • Andrew Miller is an experienced Social Media expert and Author. (familyblawg.com)
  • Frustrated customers who said they got little to no response from Samsung formed a Facebook group with more than 106,800 members, called out the company on social media, filed lawsuits in local courts, and joined forces on multiple class action lawsuits. (yahoo.com)
  • If the criteria of a listed impairment and the durational requirements set forth in 20 C.F.R. §§ 404.1509 and 416.909 are satisfied, the evaluator will make a finding of disabled. (justia.com)
  • 2) As stated in the Council on Chiropractic Practice, Clinical Guideline # 1: Vertebral Subluxation in Chiropractic Practice, "In the course of patient assessment and the delivery of chiropractic care, a practitioner may encounter findings which are outside his/her professional and/or legal scope, responsibility, or authority to address. (worldchiropracticalliance.org)
  • In a class action suit against Samsung, Plaintiff Matthew Jordan used a thermal imaging camera that he said shows unsafe temperature variations inside the refrigerator. (yahoo.com)
  • Plaintiff suffered from a traumatic brain injury as a result of his on the job accident. (nickortizlaw.com)
  • All parties agree that the terms of this consent decree, which include provisions for flexibility and appropriate adjustments, provide the best overall means of resolving this case. (justice.gov)
  • Smith said the plaintiffs were "arguing for partisan symmetry, a map which within rough bounds at least treats the two parties relatively equal in terms of their ability to translate votes into seats. (txelects.com)
  • Roberts asked if plaintiffs were merely seeking proportional representation, "which has never been accepted as a political principle in the history of this country. (txelects.com)
  • 1971) (concluding that "substantial medical evidence in the record" adequately supported the finding that plaintiff was not disabled). (justia.com)
  • J.R. Olson has served as an expert witness for the plaintiffs in legal actions relating to exposure of residents of Anniston, Alabama, to PCBs. (cdc.gov)
  • In a case where John Doe is the plaintiff and the military member or retiree, the following phrasing would be useful. (ncfamilylaw.com)
  • Legal tech is constantly changing, but with so many tools out there, finding the best solutions takes time and effort. (orrick.com)
  • Destructive testing can prevent plaintiffs from conducting significant checks to confirm a defect. (sproutnest.com)
  • Despite undergoing two significant orthopedic surgeries, Plaintiff suffered from headaches, muscle spasms in his back, and decreased sensation in both lower extremities at L5-S1 and in bilateral sacroiliac joints and right acromioclavicular joint. (nickortizlaw.com)
  • All of these factors would suggest that there is a significant psychological social component influencing the reporting scenario and duration of Ms. Abma's multiple musculoskeletal/neurologic complaints. (bc-injury-law.com)
  • He is also an avid legal blogger and currently working on a book with his wife about social entrepreneurship. (familyblawg.com)
  • Plaintiff urges that the Administrative Law Judge abused his discretion in permitting an "amateur" to testify as a vocational expert and that the magistrate erred in finding that there was no abuse of discretion. (casetext.com)
  • [9] This is true both when the plaintiff has been injured directly and when the plaintiff has witnessed injury to a third party. (thejuryexpert.com)
  • The plaintiffs opposed allowing the groups or the city to intervene. (wikipedia.org)
  • The Review Committee's report stated Plaintiff had "sustained a fractured pelvis, acetabular fractures, is status post open reduction and internal fixation, has a diagnosis of traumatic brain injury and late effects of traumatic brain injury, right AC joint separation, left first rib fracture, neuropathic pain of the bilateral lower extremities, chronic back pain and insomnia. (nickortizlaw.com)
  • Plaintiff suffers from "hip arthritis," and suffers from "injury of lumbar, sacral, and pelvic sympathetic nerves. (nickortizlaw.com)
  • That is, most states require a manifestation of physical harm for plaintiffs to recover damages for NIED. (thejuryexpert.com)
  • Plaintiff reported that from October 4, 2011, to July 26, 2012, she worked reduced hours: 34 hours 1 per week. (justia.com)