Case law

Ruybal v. Commissioner of Social Security

District Court, M.D. Florida · Mar 30, 2020

These regulations establish a “sequential evaluation process” to determine whether a claimant is disabled. 20 C.F.R. § 404.1520. … Ala. 2003) (finding that orthopedist who examined plaintiff three times qualified as a treating physician). For these reasons, the ALJ failed to provide good cause to discount Dr.

Derks v. Centurion Medical

District Court, M.D. Florida · Jun 30, 2022

Figueroa planned for Plaintiff to undergo a right shoulder x-ray and continue his medication regimen but noted Plaintiff did not qualify for the requested low residue diet pass. Id. … Such injunctive relief “is an extraordinary and drastic remedy that should not be granted unless the movant clearly carries [his] burden of persuasion on each of these prerequisites.” GeorgiaCarry.Org, Inc. v. U.S.

Myers v. Provident Life and Accident Insurance Company

District Court, M.D. Florida · Jan 20, 2023

Similarly, the length of the claim process is not enough to establish a fiduciary relationship. Cf. Doc. 78 at 14, 16. … The Eleventh Circuit has cautioned, however, that to qualify as new and independent the injury must be more than a continuation of the initial injury. Id. at 1333, 1337-38. In Pilkington v.

Bulow v. United States

District Court, M.D. Florida · Dec 22, 2021

Bulow’s colonoscopy confirmed lymphocytic colitis, which is an inflammatory condition in which the colon lining is infiltrated by immune system cells, leading to chronic diarrhea. Tr. … brain injury. 9 A September 2007 progress note states: He feels like his thoughts are completely disorganized and he can’t think clearly

Barringer v. Commissioner of Social Security

District Court, M.D. Florida · Sep 21, 2021

These regulations establish a “sequential evaluation process” to determine whether a claimant is disabled. See 20 C.F.R. §§ 404.1520, 416.920. … Issar qualifies as a treating physician, the ALJ articulated good cause in discounting his medical source statement. Dr.

Gardner v. Commissioner of Social Security

District Court, M.D. Florida · Aug 19, 2021

If an impairment manifests only some of the criteria, then it does not qualify, no matter how severe the impairment. Sullivan v. Zebley, 493 U.S. 521, 530 (1990). … Here, the ALJ clearly did not reconsider any evidence on the merits. (See Tr. at 16-17).

Short v. Commissioner of Social Security

District Court, M.D. Florida · Sep 29, 2020

(Docs. 10 & 13.) 2 Plaintiff had to establish disability on or before March 31, 2017, her date last insured, in order to be entitled to a period of disability and DIB. … Miller explained that there was tenderness, which [did] not surprise him, but it very clearly state[d] the claimant had normal gait.

Stengl v. L3Harris Technologies, Inc.

District Court, M.D. Florida · Mar 24, 2023

Nothing in ERISA requires employers to establish employee benefits plans. … (Id. ¶ 106) (“This data clearly shows that several better performing less expensive alternatives were available to the Plan but not chosen by the Plan’s fiduciaries . . . .”).

Centennial Bank v. ServisFirst Bank Inc.

District Court, M.D. Florida · Feb 20, 2021

Federal circuits have established significantly different standards for imposing sanctions or curative measures on parties who fail to preserve [ESI]. … Apr. 9, 2009) (declining to order adverse inference even though party’s performance in fulfilling its discovery obligations was “clearly egregious” and even though its discovery failings “resulted from the grossly

Wiand v. Adamek

District Court, M.D. Florida · Aug 15, 2023

For a transaction to be considered a fraudulent transfer under FUFTA, the property being transferred must qualify as an asset under statutory definitions. 2- Bal Bay Properties, LLC v. Asset Mgmt. … Instead, the forensic accounting evidence demonstrates clearly that each of the Defendants received payments in excess of the principal invested. (See Doc. 416-1 at 9). For example, Ms.

Hemmelgarn

District Court, M.D. Florida · Mar 30, 2026

The Plaintiff’s argument is also lacking insofar as it wholly ignores the fact that a “mild” restriction is clearly defined under the Regulations governing the PRT. … App’x at 908 (“The [ALJ] was not required to state what weight he assigned to medical records that did not qualify as medical opinions.”); Younger v. Acting Comm’r of Soc. Sec.

KB Home Jacksonville LLC v. Liberty Mutual Fire Insurance Company

District Court, M.D. Florida · Sep 5, 2019

As an initial matter, Ironshore states: A district court may grant summary judgment in the early stages of discovery only if further discovery would be pointless and the movant is clearly entitled to … To the contrary, the Court concludes that the record establishes that the Underlying Complaints sufficiently allege “property damage,” caused by the “occurrence” of FSP’s allegedly faulty workmanship.

The Foundation for Government Accountability v. U.S. Department of Justice

District Court, M.D. Florida · Aug 25, 2023

“Accordingly, the records at issue in this [case] are presumed to be subject to disclosure unless DOJ affirmatively establishes that the requested records fall into one of FOIA’s exemptions.” Chilivis v. … There is no dispute that Ambassador Rice’s position qualifies her as a “White House adviser with broad and significant responsibility for investigating and formulating the advice to be given to the President.”

Davis v. SeaWorld Parks & Entertainment, Inc.

District Court, M.D. Florida · Jul 25, 2023

Element One: Disability under the ADA SeaWorld argues that Davis has not alleged sufficient facts to establish that she has a disability covered by the ADA. … Davis alleged in the Amended Complaint that she “is a qualified person with a disability as she has a physical impairment that substantially limits a major life activity, she has a record of such impairment . . . .” but

Brittain v. American Federation of Government Employees, AFL-CIO

District Court, M.D. Florida · Jun 7, 2021

Such suspended local officer shall be tried by his or her local under the procedures established in XXIII. … jurisdiction of Local 1976, and therefore she did not qualify for membership. See Docs. 44-2 at 23; 44 at 34. Because she was not a member, she did not owe dues to Local 1976.

Story v. Heartland Payment Systems, LLC

District Court, M.D. Florida · May 20, 2020

established legal right. … Though dismissing Call and Eke for lack of personal jurisdiction, the dismissal is without prejudice to their joining as members of a national class in the event the Court certifies one and they qualify as members

Tebyani v. Commissioner of Social Security

District Court, M.D. Florida · Oct 18, 2021

(Tr. 61.) 3 Plaintiff had to establish disability on or before December 31, 2022, her date last insured, in order to be entitled to a period of disability and DIB. … “The ALJ is required to consider the opinions of non-examining [S]tate agency medical and psychological consultants because they ‘are highly qualified physicians and psychologists, who are also experts in Social

Contreras v. Commissioner of Social Security

District Court, M.D. Florida · Mar 20, 2020

If any impairment or combination of impairments qualifies as “severe,” step two is satisfied and the claim advances to step three. Gray v. Comm’r of Soc. Sec., 550 F. … An individual’s RFC is his or her ability to do physical and mental work activities on a sustained basis despite limitations secondary to his established impairments. Delker v. Comm’r of Soc. Sec., 658 F.

Lawhon v. Aaron's, Inc.

District Court, M.D. Florida · May 7, 2020

Through the Motion to Compel Arbitration and its attached evidence, Defendant clearly asserts that Plaintiff signed the Agreement in March of 2017, yet, as consistently emphasized, Plaintiff responds simply by arguing that … “A promise, no matter how slight, qualifies as consideration if the promisor agrees to do something that he or she is not already obligated to do.” Cintas Corp. No. 2 v.