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109 S. Ct. 1827 (1989) | Cited 29705 times
... JUSTICE MARSHALL delivered the opinion of the Court. The question presented is whether a complaint filed in forma pauperis which fails to state a claim under Federal Rule of Civil Procedure 12(b)(6) is automatically frivolous within the meaning of 28 U. S. C. § 1915(d). The answer, we hold, is no. ...
91 S. Ct. 1420 (1971) | Cited 29564 times
... MR. JUSTICE BLACKMUN delivered the opinion of the Court. In 1966 Pedro Perales, a San Antonio truck driver, then aged 34, height 5 feet 11 inches, weight about 220 pounds, filed a claim for disability insurance benefits under the Social Security Act. Sections 216 (i)(1), 68 Stat. 1080, and 223 ...
108 S. Ct. 2250 (1988) | Cited 16181 times
... JUSTICE BLACKMUN delivered the opinion of the Court. This case presents the question whether a physician who is under contract with the State to provide medical services to inmates at a state-prison hospital on a part-time basis acts "under color of state law," within the meaning of 42 U. S. C. § ...
766 F.2d 841 (1985) | Cited 13903 times
... MODIFIED OPINION ERVIN, Circuit Judge: Appellant Garcia Jay Wright is an inmate at Maryland Penitentiary. He brought this action under 42 U.S.C. § 1983 against the warden, a correctional officer, and the chief medical officer of Maryland Penitentiary. Wright alleges that a variety of actions by ...
100 S. Ct. 559 (1980) | Cited 6551 times
... MR. JUSTICE WHITE delivered the opinion of the Court. The issue before us is whether, consistently with the Due Process Clause of the Fourteenth Amendment, an Oklahoma court may exercise in personam jurisdiction over a nonresident automobile retailer and its wholesale distributor in a ...
528 F.2d 309 (1975) | Cited 5724 times
... Robert Louis Roseboro, an inmate of the Central Prison in Raleigh, North Carolina, instituted this action under 42 U.S.C. § 1983 seeking declaratory and injunctive relief as well as damages for alleged violations of his constitutional rights. The district court granted the defendant's motion for ...
932 F.2d 505 (1991) | Cited 4875 times
... BOGGS, Circuit Judge Eloise Howard appeals from the district court's decision to grant summary judgment, affirming the Secretary's denial of her application for Social Security benefits under Title II of the Social Security Act. The district court initially referred this case to a magistrate ...
935 F.2d 1015 (1991) | Cited 4247 times
... CHOY, Circuit Judge Sammy Terrell, a federal prisoner proceeding pro se and in forma pauperis, appeals from a November 30, 1989 summary judgment order dismissing his action with prejudice. Terrell alleges that the district court erred by (1) denying Terrell's request for appointment of counsel; ...
293 F.3d 103 (2002) | Cited 4216 times
... As amended June 14, 2002. PRECEDENTIAL Argued: April 6, 2001 OPINION OF THE COURT Norman Grayson, an inmate at various times of the three institutions named as defendants, brought this pro se damages action under 42 U.S.C. S 1983, alleging the defendants were deliberately indifferent to his ...
278 F.3d 947 (2002) | Cited 4046 times
... FOR PUBLICATION Argued and Submitted March 9, 2001--Portland, Oregon OPINION Appellant Maureen Thomas appeals the district court's order affirming the Social Security Administration Commissioner's ("Commissioner's") decision denying Thomas' application for Supplemental Security Income benefits. ...
907 F.2d 1453 (1990) | Cited 3905 times
... ERWIN, Circuit Judge. Jackie L. Hays, Jr. ("Hays") appeals from the decision of the district court affirming the determination of the Secretary of Health and Human Services (the "Secretary") that Hays was not eligible for disability insurance benefits because he had the residual functional ...
132 F.3d 902 (1997) | Cited 3905 times
... Filed December 23, 1997 Argued July 24, 1997 OPINION OF THE COURT This civil rights action raises the question of what a plaintiff must plead in order to state a viable claim under the state-created danger theory of 42 U.S.C.A. Section(s) 1983 (West 1994 & Supp. 1997). The district court granted ...
81 F.3d 821 (1995) | Cited 3809 times
... REINHARDT, Circuit Judge: James Lester challenges the Commissioner's denial of his application for Social Security disability benefits. He argues that the Commissioner erred in failing to take into account the combined impact of his mental and physical impairments in determining whether his ...
495 F.3d 625 (2007) | Cited 3607 times
... FOR PUBLICATION OPINION Argued and Submitted April 19, 2007 -- San Francisco, California Before: Mary M. Schroeder, Chief Circuit Judge, Stephen S. Trott and William A. Fletcher, Circuit Judges. Opinion by Judge William A. Fletcher OPINION Leo Orn filed an application for Social Security ...
974 F.2d 1050 (1992) | Cited 3206 times
... REINHARDT, Circuit Judge: John McGuckin, an Arizona state prisoner, brought a pro se 42 U.S.C. § 1983 action against several prison medical authorities at the Arizona Department of Corrections (ADOC) and Dr. John C. Medlen, a private orthopedic specialist who does consulting work for the ADOC. ...
881 F.2d 747 (1989) | Cited 3194 times
... J. CLIFFORD WALLACE, Circuit Judge. Mary Magallanes appeals from the district court's judgment affirming the determination by the Secretary of Health and Human Services (Secretary) of the onset date of her disability. Magallanes argues that the Secretary's decision awarding her disability benefits ...
67 F.3d 1553 (1995) | Cited 2885 times
... PER CURIAM: Josephine Foote appeals from a district court order granting judgment in favor of the Secretary of Health and Human Services (Secretary) who denied Foote's application for disability benefits under the Supplemental Security Income Program of the Social Security Act. 42 U.S.C. §§ 1381 ...
168 F.3d 72 (1999) | Cited 2781 times
... August Term, 1998 Argued December 8, 1998 Plaintiff appeals from a judgment of the United States District Court for the Southern District of New York, Denise L. Cote, J., affirming the decision of an administrative law Judge which denied plaintiff Social Security disability benefits. We hold that ...
844 F.2d 748 (1988) | Cited 2763 times
... McKAY, Circuit Judge. Appellant, Glen W. Williams, appeals from an order of the district court affirming a decision of the Secretary of Health and Human Services (Secretary) that denies Mr. Williams' application for disability insurance benefits and supplemental security income (SSI) under Titles ...
439 F.3d 1091 (2006) | Cited 2614 times
... FOR PUBLICATION Argued and Submitted January 12, 2006 -- San Francisco, California Before: A. Wallace Tashima and William A. Fletcher, Circuit Judges, and Edward F. Shea, 1 District Judge. OPINION Plaintiff Lance Jett, who fractured his right thumb while housed in California State ...
107 S. Ct. 1542 (1987) | Cited 2563 times
... JUSTICE O'CONNOR delivered the opinion of the Court. In Pilot Life Ins. Co. v. Dedeaux, ante, p. 41, the Court held that state common law causes of action asserting improper processing of a claim for benefits under an employee benefit plan regulated by the Employee Retirement Income Security Act ...
703 F.2d 1233 (1983) | Cited 2508 times
... VANCE, Circuit Judge: PROCEDURAL HISTORY This is an appeal of an affirmance of the Secretary of Health and Human Services' denial of a claim for disability benefits under the Social Security Act. Claimant Bloodsworth filed applications for a period of disability, disability insurance benefits, ...
533 F.3d 1155 (2008) | Cited 2489 times
... FOR PUBLICATION Submitted December 6, 2007 1 -- Portland, Oregon. Before: Diarmuid F. O'Scannlain, Susan P. Graber and Consuelo M. Callahan, Circuit Judges. Opinion by Judge O'Scannlain; Partial Concurrence and Partial Dissent by Judge Graber OPINION We must decide whether the district court ...
633 F.2d 164 (1980) | Cited 2474 times
... On June 7, 1971 appellant May, an inmate of a California state prison was injured while engaged in highway maintenance work. On December 2, 1976 he filed this civil rights suit under 42 U.S.C. § 1983 against appellee Procunier, Director of the Department of Corrections, claiming denial of necessary ...
674 F.3d 1104 (2012) | Cited 2462 times
... FOR PUBLICATION OPINION Argued and Submitted October 24, 2011-San Francisco, California Before: Susan P. Graber and Sandra S. Ikuta, Circuit Judges, and Lewis A. Kaplan, 1 Senior District Judge. Opinion by Judge Ikuta; Partial Concurrence and Partial Dissent by Judge Graber OPINION Edilia ...
372 F.3d 218 (2004) | Cited 2455 times
... PRECEDENTIAL Argued January 13, 2004 OPINION This appeal raises important questions of construction of the Prison Litigation Reform Act of 1995 (PLRA), Pub. L. No. 104-134, 110 Stat. 1321 at 66 (1996). Plaintiff Robert Spruill is an inmate in the custody of the Pennsylvania Department of ...
526 U.S. 40 (1999) | Cited 2432 times
... Opinion of the Court AMERICAN MFRS. MUT. INS. CO. v. SULLIVAN ____ U. S. ____ (1999) NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United ...
533 F.3d 1035 (2008) | Cited 2411 times
... FOR PUBLICATION OPINION Argued and Submitted February 15, 2008 -- Pasadena, California. Before: Stephen S. Trott, Richard R. Clifton, and Consuelo M. Callahan, Circuit Judges. Opinion by Judge Callahan OPINION Anthony Tommasetti ("Tommasetti") filed an application for Social Security benefits ...
395 F.3d 1206 (2005) | Cited 2374 times
... [PUBLISH] The key issue in this disability benefits case is whether the district court afforded proper deference to the agency decision of the Commissioner of the Social Security Administration ("Commissioner") to deny Social Security disability benefits to claimant Bobby Dyer. After a careful ...
25 F.3d 284 (1994) | Cited 2355 times
... Per Curiam. Plaintiff Charlene M. Cutlip seeks judicial review of the decision of the Secretary of Health and Human Services terminating her social security disability benefits. The district court affirmed the Secretary's decision. For reasons stated hereafter, we affirm. Background Cutlip filed ...
125 F.3d 1436 (1997) | Cited 2331 times
... FAY, Senior Circuit Judge: In this appeal we review the district court's affirmance of the Commissioner's decision to award disability benefits to Claimant Jackson Lewis for the period of June 17, 1990, to November 12, 1992. Lewis argues that he continues to be unable to do any work due to a ...
362 F.3d 28 (2004) | Cited 2288 times
... Argued: November 21, 2003 Plaintiff Darline Halloran appeals from a judgment entered in the United States District Court for the Northern District of New York (Sharpe, Mag. J.), affirming the decision of the Commissioner of Social Security ("the Commissioner"), who denied Halloran's claim for ...
581 F.3d 399 (2009) | Cited 2263 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 Submitted: April 23, 2009 Before: BATCHELDER, Chief Judge; SUHRHEINRICH and SUTTON, Circuit Judges. OPINION Thomas Blakley seeks review of a district court's judgment affirming the decision of an administrative law judge ...
745 F.2d 383 (1984) | Cited 2165 times
... Before: EDWARDS, Circuit Judge; BROWN, Senior Circuit Judge; and DOWD, District Judge.*fn* DOWD, District Judge, delivered the opinion of the Court, in which EDWARDS, Circuit Judge, joined. BROWN, Senior Circuit Judge (p. 15), delivered a separate dissenting opinion. DOWD, District Judge. Douglas ...
577 F.3d 816 (2009) | Cited 2161 times
... ARGUED SEPTEMBER 19, 2008 Before POSNER, RIPPLE and EVANS, Circuit Judges. Angel Rodriguez, proceeding in forma pauperis, filed this action under 42 U.S.C. § 1983 against Plymouth Ambulance Service, St. Agnes Hospital, Waupun Memorial Hospital and various Plymouth employees. Mr. Rodriguez claims ...
318 F.3d 575 (2003) | Cited 2128 times
... PRECEDENTIAL Argued June 27, 2002 We decide two issues: whether New Jersey law required Daniel and Kathleen Natale (collectively, the "Natales"; in the singular, the reference is to Daniel Natale) to file an affidavit of merit in order to state a medical malpractice claim, and whether the Natales ...
181 F.3d 358 (1999) | Cited 2121 times
... Submitted Under Third Circuit LAR 34.1(a) February 12, 1999 (Filed: May 18, 1999) OPINION OF THE COURT Wayne R. Hartranft, appeals the District Court's affirmance of the Commissioner of Social Security's Conclusion that Hartranft is not entitled to disability insurance benefits (DIB) under Title ...
258 F.3d 742 (2001) | Cited 2112 times
... On Appeal from the United States District Court for the Western District of Arkansas. Submitted: May 31, 2001 Robert K. Haley 2 appeals the District Court's 3 affirmance of the decision by the Commissioner of the Social Security Administration to deny his applications for Social Security ...
186 F.3d 422 (1999) | Cited 2070 times
... Argued March 1, 1999 * Hon. Murray M. Schwartz, Senior United States District Judge for the District of Delaware, sitting by designation. Opinion filed August 5, 1999 OPINION OF THE COURT Evelyn Plummer asserts error in the denial of her application for social security disability insurance ...
106 S. Ct. 3229 (1986) | Cited 2068 times
... JUSTICE STEVENS delivered the opinion of the Court. The question presented is whether the incorporation of a federal standard in a state-law private action, when Congress has intended that there not be a federal private action for violations of that federal standard, makes the action one "arising ...
642 F.2d 700 (1981) | Cited 2053 times
... Opinion OF THE COURT In this action, appellant, Daniel P. Cotter, seeks review of the decision of the Secretary of Health and Human Services denying Cotter's concurrent applications for disability benefits under Title II of the Social Security Act as amended, 42 U.S.C. §§ 416(i), 423 (1976), and ...
270 F.3d 171 (2001) | Cited 2015 times
... As amended October 26, 2001. PUBLISHED Argued: November 1, 2000 Affirmed by published per curiam opinion. Judge Williams wrote the opinion, in which Judge Luttig and Judge Traxler joined. OPINION Patricia Mastro, Appellant, challenges the decision of the Commissioner of Social Security ...
937 F.2d 580 (1991) | Cited 1995 times
... GIBSON, Senior Circuit Judge. Patricia Edwards appeals the district court's 1 order affirming the denial of her application for disability insurance benefits. We affirm the district court's order. I. BACKGROUND Edwards was born in May 1947 and is a high school graduate. In 1969 she began ...
414 F.3d 645 (2005) | Cited 1973 times
... ARGUED NOVEMBER 1, 2004 Before CUDAHY, ROVNER, and WOOD, Circuit Judges. This is the second time we have considered Wisconsin inmate 1 Donald Greeno's Eighth Amendment claim against numerous Wisconsin Department of Corrections' employees. Greeno's claim is premised on the prison employees' ...
284 F.3d 1219 (2002) | Cited 1952 times
... [PUBLISH] Non-Argument Calendar Jo Anne B. Barnhart, Commissioner of the Social Security Administration ("Commissioner"), appeals the district court's order reversing the Commissioner's denial of Andrew T. Wilson's application for disability and disability insurance benefits, 42 U.S.C. § 405(g). ...
220 F.3d 112 (2000) | Cited 1945 times
... Argued: June 20, 2000 OPINION OF THE COURT Ethel Burnett ("Burnett"), asserting error in the denial of her application for social security disability insurance benefits under Title II of the Social Security Act ("the Act"), 42 U.S.C. SS 401-433, has appealed the District Court's order affirming ...
245 F.3d 881 (2001) | Cited 1944 times
... Argued November 3, 2000 Plaintiff Joseph A. Zurawski applied for Disability Insurance Benefits and Supplemental Security Income, on the ground that he had become disabled due to a back disorder, neck pain, a loss of strength in his legs, arms and shoulder, and depression, at the age of ...
829 F.2d 514 (1987) | Cited 1939 times
... VAN GRAAFEILAND, Circuit Judge: Hallie Coffman, as Executrix of Estate of Junior R. Coffman, appeals from a judgment of the United States District Court for the Northern District of West Virginia (Kidd, J.), which affirmed the Secretary of Health and Human Services' denial of Junior Coffman's ...
817 F.2d 983 (1987) | Cited 1909 times
... JON O. NEWMAN, Circuit Judge: This appeal involves another in a long line of cases raising the issue whether the Department of Health and Human Services (HHS) is observing the treating physician rule in determining claims for disability benefits, see Schisler v. Heckler, 787 F.2d 76, 81 (2d Cir. ...
929 F.2d 604 (1991) | Cited 1872 times
... COX, Circuit Judge Plaintiffs Bill Clark, Herbert Futch, Austin Hurst, Louis Sliker and William Barrineau appeal the district court's grant of summary judgment in favor of defendant Coats & Clark, Inc. Because we conclude that the district court improperly construed the Supreme Court's decision in ...
5 F.3d 1255 (1993) | Cited 1842 times
... THOMPSON, Circuit Judge: These consolidated appeals arise from complaints filed by School District 1J, Multnomah County, Oregon (the "School District"). The School District sought to recover the cost of removing asbestos-containing products from over 100 school buildings. The defendants are ...
404 F.3d 744 (2005) | Cited 1812 times
... PRECEDENTIAL Argued December 13, 2004 Before: SLOVITER, FUENTES, and GREENBERG, Circuit Judges. OPINION OF THE COURT Appellant Dean Hedges, whose sailboat was destroyed by heavy seas after it was moored at the Virgin Islands National Park, appeals from the District Court's dismissal of his ...
109 S. Ct. 573 (1989) | Cited 1807 times
... JUSTICE MARSHALL delivered the opinion of the Court. In Wilson v. Garcia, 471 U.S. 261 (1985), we held that courts entertaining claims brought under 42 U. S. C. § 1983 should borrow the state statute of limitations for personal injury actions. This case raises the question of what limitations ...
106 S. Ct. 668 (1986) | Cited 1788 times
... JUSTICE REHNQUIST delivered the opinion of the Court. Petitioner sued prison officials seeking damages under 42 U. S. C. § 1983 for injuries he suffered when they negligently failed to protect him from another inmate. On December 19, 1980, petitioner was threatened by one McMillian, a fellow ...
292 F.3d 576 (2002) | Cited 1762 times
... Submitted: February 15, 2002 Theresa Ramirez ("Claimant") appeals from a final judgment entered in the United States District Court 2 for the Southern District of Iowa affirming the decision of the Social Security Administration ("SSA") to deny her application for Supplemental Security Income ...
336 F.3d 469 (2003) | Cited 1721 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 ELECTRONIC CITATION: 2003 FED App. 0231P (6th Cir.) Argued: March 27, 2003 OPINION In December 1999 and February 2000, Angela M. Jones applied for disability insurance benefits and supplemental security income, claiming ...
100 S. Ct. 352 (1979) | Cited 1675 times
... Mr. JUSTICE WHITE delivered the opinion of the Court. Under the Federal Tort Claims Act (Act), 1 28 U. S. C. § 2401 (b), a tort claim against the United States is barred unless it is presented in writing to the appropriate federal agency "within two years after such claim accrues." The issue in ...
411 F.2d 365 (1969) | Cited 1661 times
... AINSWORTH, Circuit Judge: The importance of formulating a proper standard in federal court to test the sufficiency of the evidence for submission of a case to the jury, in connection with motions for a directed verdict and for judgment notwithstanding the verdict, 1 caused us to place this ...
933 F.2d 799 (1991) | Cited 1656 times
... ANDERSON, Circuit Judge Mary Hope Casias appeals from the district court's order affirming the decision of the Secretary of Health and Human Services to deny her application for Social Security disability benefits under Title II of the Social Security Act, 42 U.S.C. § 416(i) and 423. 2 We affirm. ...
539 F.3d 668 (2008) | Cited 1629 times
... ARGUED JANUARY 24, 2008 Before POSNER, RIPPLE, and TINDER, Circuit Judges. Roger Craft filed an application in August 2001 for Disability Insurance Benefits ("DIB") and an application in September 2001 for Supplemental Security Income ("SSI"), alleging a disability due to diabetes mellitus and ...
680 F.3d 1113 (2012) | Cited 1615 times
... FOR PUBLICATION OPINION Argued and Submitted April 17, 2012-San Francisco, California Before: Mary M. Schroeder, Diarmuid F. O'Scannlain, and Susan P. Graber, Circuit Judges. Opinion by Judge Graber OPINION Plaintiff Steven Hairl Wilhelm filed a pro se complaint, under 42 U.S.C. § 1983, ...
24 F.3d 918 (1994) | Cited 1591 times
... ROVNER, Circuit Judge. For two and a half years, Sandra Waldridge worked for Futurex Industries, a small Indiana plastics company. For the majority of her employment with Futurex, Ms. Waldridge was assigned to tasks that required her to handle plastic resins and colorants and exposed her on a daily ...
722 F.2d 1033 (1983) | Cited 1577 times
... George Mongeur appeals from a judgment of the United States District Court for the District of Vermont (Albert W. Coffrin, District Judge) which upheld a final determination of the Secretary of Health and Human Services ("Secretary") denying Mongeur's application for reinstatement of disability ...
891 F.2d 240 (1989) | Cited 1576 times
... BOOCHEVER, Circuit Judge: Eric Sanchez, an Arizona state prisoner, appeals pro se the district court's order granting summary judgment against him in his 42 U.S.C. § 1983 action against various Arizona prison officials for deliberate indifference to his serious medical needs. Sanchez brought this ...
177 F.3d 128 (1999) | Cited 1565 times
... Argued: April 21, 1999 Appeal from a judgment of the United States District Court for the Western District of New York (Michael A. Telesca, J.) upholding the decision of the Commissioner of the Social Security Administration to deny Social Security Disability Insurance payments to the plaintiff. ...
574 F.3d 685 (2009) | Cited 1560 times
... FOR PUBLICATION OPINION Argued and Submitted June 5, 2009-Portland, Oregon Before: Alfred T. Goodwin, Diarmuid F. O'Scannlain, and Raymond C. Fisher, Circuit Judges. Opinion by Judge O'Scannlain OPINION We must determine the circumstances under which the Social Security Administration can ...
399 F.3d 546 (2005) | Cited 1555 times
... PRECEDENTIAL Argued December 7, 2004 OPINION Joyce Rutherford ("Rutherford") challenges the denial of her application for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381-1383f ("Act"). 2 She filed for benefits in June 2000, claiming an onset ...
993 F.2d 31 (1992) | Cited 1551 times
... Per Curiam: William Hunter (Hunter) appeals from the decision of the district court upholding the Secretary of Health and Human Services' (the Secretary) denial of Hunter's application for Supplemental Security Income (SSI) benefits. Because the Secretary's decision was supported by substantial ...
122 S.Ct. 681 (2002) | Cited 1549 times
... 534 U. S. ____ (2002) On Writ Of Certiorari To The United States Court Of Appeals For The Sixth Circuit Under the Americans with Disabilities Act of 1990 (ADA or Act), 104 Stat. 328, 42 U. S. C. §12101 et seq. (1994 ed. and Supp. V), a physical impairment that "substantially limits one or more ...
766 F.2d 179 (1985) | Cited 1533 times
... POLITZ, Circuit Judge: This civil rights complaint by a prisoner inexorably directs our consideration of questions of court administration and the scope of one of the provisions of the Magistrates Act, 28 U.S.C. § 636(b)(1). Norman R. Spears invoked 42 U.S.C. § 1983 and filed a pro se complaint ...
906 F.2d 856 (1990) | Cited 1491 times
... WINTER, Circuit Judge. In this action under 42 U.S.C. § 405(g) (1982), plaintiff-appellant Janine Wagner sought to overturn the denial by the Secretary of Health and Human Services ("Secretary") of disability benefits for the period between September 10, 1980 and August 12, 1983. Chief Judge ...
29 F.3d 148 (1994) | Cited 1480 times
... Opinion HAMILTON, Circuit Judge: The plaintiffs-appellants, Patrick Mulcahey, Anna Mulcahey, Albert Parsons, and Ruth Parsons, individually and as representatives of an uncertified class of persons similarly situated (collectively referred to as "the Plaintiffs"), are residential and commercial ...
38 F.3d 232 (1994) | Cited 1468 times
... JERRY E. SMITH, Circuit Judge: Patricia Greenspan ("Greenspan"), an applicant for Social Security disability insurance and supplemental security income benefits ("SSI"), appeals the Secretary's determination that Greenspan was not disabled within the meaning of the Social Security Act (the "Act"). ...
442 F.3d 1178 (2006) | Cited 1456 times
... FOR PUBLICATION OPINION Argued and Submitted December 5, 2005-Pasadena, California Before: Stephen Reinhardt and Johnnie B. Rawlinson, Circuit Judges, and Claudia Wilken 1 , District Judge. OPINION John Thomas Idlet, the decedent, reported to the Los Angeles County Jail on March 11, 2002, to ...
209 F.3d 448 (2000) | Cited 1456 times
... Appeal from the United States District Court for the Northern District of Texas Plaintiff, Gloria D. Newton, filed a civil action under Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to obtain judicial review of the final decision of the Commissioner of the Social Security ...
105 S. Ct. 3085 (1985) | Cited 1437 times
... JUSTICE STEVENS delivered the opinion of the Court. The question presented for decision is whether, under the Employee Retirement Income Security Act of 1974 (ERISA), a fiduciary to an employee benefit plan may be held personally liable to a plan participant or beneficiary for extracontractual ...
136 F.3d 455 (1998) | Cited 1437 times
... Summary Calendar Gene, Lucinda, Jonathan, Deona, and George Ragas (hereinafter "Ragas") appeal from the district court's order granting Koch Gateway Pipeline Company (hereinafter "Koch") summary judgment and the district court's order denying Ragas' motion to remand. Finding no error, we affirm. ...
335 F.3d 99 (2003) | Cited 1424 times
... Argued: March 20, 2003 As amended July 16, 2003 Plaintiff Green-Younger appeals from a judgment of the United States District Court for the District of Connecticut (Christopher F. Droney, J.), accepting the recommended ruling of Magistrate Judge William I. Garfinkel to affirm the decision of the ...
622 F.2d 458 (1980) | Cited 1416 times
... This is an appeal from the summary dismissal of a pro se complaint seeking damages and injunctive relief pursuant to 42 U.S.C. § 1983. The appellant, Preston Broughton, is a state prisoner. Appellant filed this civil rights action in district court, joining Cutter Laboratories and the Arizona ...
504 N.W.2d 758 (1993) | Cited 1412 times
... 1. Whether to grant a motion to amend a complaint is committed to the discretion of the trial court and the trial court's determination will not be overturned absent an abuse of that discretion. 2. The statute of limitations barred a claim for medical malpractice for failing to diagnose a ...
290 F.3d 936 (2002) | Cited 1395 times
... Argued March 26, 2001 Terry Steele, a former City of Chicago firefighter, applied for supplemental security income at the age of forty-five asserting that he could not work because of debilitating epileptic seizures and low back pain. An administrative law judge found Steele not disabled and ...
478 F.3d 742 (2007) | Cited 1395 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 Argued: January 30, 2007 Before: GILMAN and SUTTON, Circuit Judges; TARNOW, District Judge. 1 OPINION In April of 2002, David Bowen applied for disability insurance benefits from the Social Security Administration (SSA). ...
379 F.3d 587 (2004) | Cited 1392 times
... FOR PUBLICATION OPINION Argued and Submitted March 11, 2004-San Francisco, California Plaintiff-Appellant Kathryn L. Benecke appeals a decision of the district court remanding to the Social Security Admin-istration (SSA) for additional administrative proceedings instead of an immediate award of ...
202 F.3d 268 (1999) | Cited 1388 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 00a0048p.06 Argued: December 14, 1999 OPINION Administrative Law Judge Paula Zera denied plaintiff Yer Her's request for Social Security disability and Supplemental Security Income benefits, a decision which ...
182 F.3d 192 (1999) | Cited 1378 times
... Argued: January 14, 1999 OPINION OF THE COURT Plaintiffs are a class of past, present, and future insulin-dependent diabetic inmates ("plaintiffs") whofiled suit claiming that various corrections officials and employees were deliberately indifferent to the plaintiffs' serious medical needs, in ...
826 F.2d 996 (1987) | Cited 1375 times
... Thelma L. Walker appeals from the district court's affirmance of the decision by the Administrative Law Judge (ALJ) denying her claim for supplemental security income and disability insurance benefits. We reverse the district court's order and remand this case to the Secretary because we find (1) ...
245 F.3d 528 (2001) | Cited 1373 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 01a0078p.06 Argued: November 30, 2000 OPINION Claimant-Appellant, Ruby E. Heston ("Heston") filed an application for disability benefits which was denied, and now appeals the district court's decision upholding ...
64 F.3d 951 (1995) | Cited 1363 times
... Opinion NIEMEYER, Circuit Judge: Section 1915(a) of Title 28 of the United States Code authorizes a district court to accept for filing, without the payment of costs, lawsuits brought by persons unable to pay such costs, and § 1915(d) authorizes the court to dismiss the suit before it is served ...
453 F.3d 559 (2006) | Cited 1359 times
... PUBLISHED Argued: December 1, 2005 Before WILKINS, Chief Judge, GREGORY, Circuit Judge, and Walter D. KELLEY, Jr., United States District Judge for the Eastern District of Virginia, sitting by designation. Affirmed by published opinion. Judge Kelley wrote the opinion, in which Chief Judge ...
812 F.2d 1226 (1987) | Cited 1355 times
... TANG, Circuit Judge: Mrs. Sprague appeals denial of widow's disability benefits contending there was not substantial evidence to support the finding of no disability, that the Secretary did not adequately consider evidence of her mental condition, and that the ALJ erred in failing to explain why ...
905 F.2d 918 (1990) | Cited 1349 times
... GUY, Circuit Judge. The claimant, Eddie W. Abbott, appeals a district court judgment affirming the final decision of the Secretary of Health and Human Services (the Secretary) denying his application for disability insurance benefits, 42 U.S.C. § 401 et seq., and supplemental security income, 42 ...
555 F.3d 592 (2009) | Cited 1337 times
... ARGUED JANUARY 8, 2009 Before EASTERBROOK, Chief Judge, and EVANS and TINDER, Circuit Judges. Between September 2005 and January 2007, Wallace Burks spent three stints at the Milwaukee Secure Detention Facility. Burks has an eye condition (a pinhole in the retina of his left eye) that predates ...
270 F.3d 1171 (2001) | Cited 1328 times
... Argued September 13, 2001 Hattie Dixon received a belated 50th birthday present on May 10, 1995. On that date, the Commissioner of Social Security determined, on Dixon's application, that she was "disabled" as of her 50th birthday (February 27, 1995) because then her age, combined with her serious ...
792 F.2d 129 (1986) | Cited 1327 times
... Ollie G. Chester appeals from the judgment of the district court affirming the Secretary's denial of his claim for social security disability benefits. Because we find the evidence insufficient to support the Secretary's determination that Chester is not disabled, we reverse and remand. BACKGROUND ...
760 F.2d 993 (1985) | Cited 1325 times
... STEPHENS, District Judge: Ellen L. Jones appealed the district court's grant of summary judgment for the Secretary of Health and Human Services (Secretary) on Jones' claim for Supplemental Security Income (SSI) benefits. Jones applied for SSI benefits in 1981, alleging disability based on ...
538 U.S. 822 (2003) | Cited 1321 times
... Under a rule adopted by the Commissioner of Social Security, in determining whether a claimant is entitled to Social Security disability benefits, special weight is accorded opinions of the claimant's treating physician. See 20 CFR §§404.1527(d)(2), 416.927(d)(2) (2002). This case presents the ...
21 F.3d 1064 (1994) | Cited 1320 times
... HATCHETT, Circuit Judge: FACTS Danny Keeton appeals from a district court judgment affirming the Secretary of Health and Human Services' denial of his application for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act. At the time of ...
358 F.3d 241 (2004) | Cited 1311 times
... PRECEDENTIAL Argued November 20, 2003 OPINION OF THE COURT Lawrence Marino, an electrician employed by Kleinknecht Electric Company ("KEC"), was injured on August 7, 1998, in an accident during construction at the Marcal Paper Mills in Elmwood Park, New Jersey. At issue in this appeal is whether ...
35 F.3d 1027 (1994) | Cited 1306 times
... RYAN, Circuit Judge. Plaintiff, Margaret Felisky, applied for Social Security Disability Benefits on February 2, 1990, claiming disability as of July 18, 1988, due to pelvic and low back pain. Her application was denied initially and on reconsideration. Following an administrative hearing, the ALJ ...
849 F.2d 418 (1988) | Cited 1283 times
... REINHARDT, Circuit Judge: The claimant, Donald Embrey, appealed to the district court the decision of the Secretary of Health and Human Services denying his application for Social Security disability benefits. The district court granted summary judgment for the Secretary, affirming the ...