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Tag Archives: Social Security

Administrative – Social Security – Disability Benefits – Claim Denial – Concentration, Persistence or Pace (access required)

Sizemore v. Berryhill (Lawyers Weekly No. 001-219-17, 22 pp.) (Paul Niemeyer, J.) 16-1301; amended Dec. 1, 2017; USDC at Statesville, N.C. (Max Cogburn Jr., J.) 4th Cir. Holding: Contrary to plaintiff’s argument, the administrative law judge recognized plaintiff’s overall moderate difficulties with concentration, ...

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Bankruptcy – Set-off – Social Security – Overpayment – Retroactive Benefits Interception – Improvement of Position (access required)

In re Goodman Less than 90 days before the debtor filed her bankruptcy petition, the Social Security Administration intercepted retroactive benefits which had been awarded to the debtor. Although the SSA did this to set off a pre-existing overpayment to the debtor, the set-off impermissibly improved the SSA’s position within 90 days before the filing of the bankruptcy petition. 11 U.S.C. § 553(b).

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Administrative – Social Security – Evidence — Mental Retardation – Single IQ Test (access required)

Hancock v. Astrue An administrative law judge can reject findings that a claimant is mentally retarded even if there is only one set of test scores in the record; the 4th Circuit joins the majority of federal appeals courts in this view, and upholds the ALJ’s rejection of this claimant’s application for supplemental security income benefits, in light of her past work history and ability to manage daily life.

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Administrative – Social Security – Attorney’s Fees – Out-of-State Lawyers – Briefs & Pleadings (access required)

Priestley v. Astrue A South Carolina lawyer who won social security benefits for three clients with aid from out-of-state attorneys who assisted in writing briefs and pleadings can collect attorney’s fees for the out-of-state lawyers under the Equal Access to Justice Act, even though a local court rule says the non-South Carolina lawyers are not eligible for a fee award; the 4th Circuit reverses the district court’s denial of fees and remands the case for reconsideration of the fee petition.

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