News & Analysis as of

Social Security Benefits Appeals

Robinson+Cole Health Law Diagnosis

U.S. Supreme Court Denies DSH Hospitals’ Attempts to Seek Higher Medicare Payments

On April 29, 2025, the U.S. Supreme Court issued an opinion upholding the formula the U.S. Department of Health and Human Services (HHS) utilized to calculate Medicare hospitals’ disproportionate share hospital (DSH) payment...more

Rivkin Radler LLP

Employee Relations Law Journal – From the Courts

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North Carolina District Court Permits Plan’s Lawsuit Against Third Party Administrator to Continue A federal district court in North Carolina has ruled that a plan subject to the Employee Retirement Income Security Act of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Circuit Rules Inconsistent SSDI Statements Doom ADA Claim

In Pena v. Honeywell International, Inc., issued on July 22, 2019, the U.S. Court of Appeals for the First Circuit denied a former employee’s petition for rehearing en banc of the court’s April 26, 2019, decision addressing...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Biestek v. Berryhill

On April 1, 2019, the Supreme Court decided Biestek v. Berryhill, No. 17-1184, holding that a Social Security Administration (SSA) vocational expert’s opinion may constitute “substantial evidence” supporting an administrative...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Culbertson v. Berryhill

On January 8, 2019, the Supreme Court of the United States decided Culbertson v. Berryhill, No. 17-773, holding that the Social Security Act permits an attorney fee award greater than 25 percent of the claimant’s past-due...more

Seyfarth Shaw LLP

A Question of Timing – Social Security Disability Determinations and the Administrative Record

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Seyfarth Synopsis: Court excludes evidence of Social Security disability award issued after the final decision issued on plaintiff’s claim for plan disability benefits. The decision accentuates the importance of fighting to...more

Hinshaw & Culbertson LLP

Reasonable attorney fees did not include underlying administrative hearing process against Social Services, court determines

In K.I. v. Wagner, 2014 DJDAR 5546 (2014), the California Court of Appeal for the Fourth Appellate District granted partial attorney fees in a social security proceeding. An attorney represented a minor who was disabled by...more

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