Case law

Foulks v. Commissioner of Social Security

District Court, N.D. Indiana · Mar 23, 2020

Clearly, in the present case, the ALJ’s bare assertion that Plaintiff “improved” falls well short of showing genuine improvement let alone creating a connection between improvement and restored functioning. Lambert v. … Like a doctor, the physical therapist is a qualified professional, and the ALJ erred when she relied on legally “insufficient grounds for disbelieving the evidence of a qualified professional.” Id.

J W v. Metropolitan School District of Warren County

District Court, N.D. Indiana · Sep 30, 2021

The School shall arrange for that behavioral consultant or another similarly qualified behavioral specialist to work with School personnel in implementing the BIP he developed from the FBA. … The School shall also work with the consultant or similarly qualified behavioral specialist to develop an objective means of collecting objective data reflecting the student’s response to the BIP.

Gill v. Hammond The City of

District Court, N.D. Indiana · Dec 11, 2023

Thus, if the factual allegations of the complaint establish that the suit is time-barred, a plaintiff may plead himself out of court. See Logan v. … As discussed above, the Plaintiff's claims against the Defendants pursuant to his present federal claims are clearly time-barred.

Irwin

District Court, N.D. Indiana · Jan 27, 2026

Disability Standard To qualify for DIB, a claimant must be “disabled” as defined under the Act. … Ehman clearly stated that Mr. I required the use of an assistive device for balance “when ambulating for longer distances.” (emphasis added). There is nothing in Dr. Ehman’s report that Mr.

Null

District Court, N.D. Indiana · Nov 20, 2025

Standard for Disability Disability benefits are available only to those individuals who can establish disability under the Social Security Act. Estok v. … A claimant qualifies as disabled if he or she cannot perform such work.

Latitude Service Company v. Reese

District Court, N.D. Indiana · Sep 30, 2024

Reese clearly knew about the shared drive by January 30, 2018, when he sent Mr. Pyle an email on a separate matter and directed his attention to “the L: Drive.” [Id. at 12]. … If the DOL number is accurate, and Latitude has not objected to it, Latitude clearly retains only a small slice of the TPA industry.

Perry v. Commissioner of Social Security

District Court, N.D. Indiana · Aug 24, 2022

Thus, he must establish that he was disabled as of that date. See Stevenson v. … So long as the first hypothetical which the ALJ ultimately relied on contained all of Perry’s clearly established limitations, there was no error. Id.

Reed v. Commissioner of Social Security

District Court, N.D. Indiana · Nov 29, 2021

Clearly, the Commissioner’s argument is not supported by Seventh Circuit precedent.. … Berryhill, 887 F.3d 314, 317–18 (7th Cir. 2018) (ALJ was not qualified to make his own determination without the benefit of an expert opinion).

Group Dekko, Inc. v. Metro Light & Power, LLC

District Court, N.D. Indiana · Dec 23, 2024

“[S]ome financial information might qualify” for protection from public disclosure, but “some or most financial information will not . . . .” Cook Inc. v. Bos. Sci. Corp., 206 F.R.D. 244, 249 (S.D. Ind. 2001). … Even so, the parties’ underlying trade dress infringement dispute was defined clearly by Metro in its cease-and-desist letters as a potential Lanham Act claim.

Austin v. Commissioner of Social Security

District Court, N.D. Indiana · Mar 13, 2023

Disability Standard To qualify for DIB and SSI, a claimant must be “disabled” as defined in the Social Security Act (“the Act”). … Further, the ALJ clearly considered such evidence because he cites it in the opinion. [DE 16 at 31 (discussing Mr. A.’s Xanax prescription)]. While Mr.

Wagoner v. NPAS Inc

District Court, N.D. Indiana · Apr 27, 2020

To establish an FDCPA violation, Ms. … Having not established NPAS a debt collector under the FDCPA, she likewise cannot do so under the IDCSA.

Scheibelhut v. Commissioner of Social Security

District Court, N.D. Indiana · Oct 20, 2021

Disability Standard To qualify for DIB, a claimant must be “disabled” under Sections 216(i), 223(d), and 1615(a)(3)(A) of the Act. … In finding that Plaintiff was not disabled under the Act, the ALJ conducted the five-step sequential inquiry established in 20 C.F.R. § 404.1520.

Sullenger v. Commissioner of Social Security

District Court, N.D. Indiana · Feb 20, 2020

Disability insurance benefits are available only to those individuals who can establish “disability” under the terms of the Social Security Act. … Clearly, however, a boilerplate statement that Tracey S.’s obesitywas considered in combination with herother impairments is not an adequate explanation. See Parker v. Colvin,2016 WL 4435622 *4 (N.D.

Williams v. Whitley Memorial Hospital, Inc. d/b/a Parkview Warsaw Medical Complex

District Court, N.D. Indiana · Sep 18, 2023

It is unclear if the RCA member identified as an “RN (Lead)” would qualify under this definition. … Williams’ termination qualifies as a materially adverse employment action, nor do they explicitly dispute that she engaged in protected activity.21 A plaintiff establishes a causal connection by showing

Elek v. Commissioner of Social Security

District Court, N.D. Indiana · Nov 15, 2019

Disability insurance benefits are available only to those individuals who can establish “disability” under the terms of the Social Security Act. … The decision must contain specific reasons for the weight given to the individual’s symptoms, be consistent with and supported by the evidence, and be clearly articulated so the individual and any subsequent reviewer can

Barney v. Zimmer Biomet Holdings Inc

District Court, N.D. Indiana · Jul 29, 2021

Zimmer has clearly demonstrated that severance package decisions are based on policy and Ms. Barney was unable to demonstrate otherwise. … Barney establishes a prima facie case, the burden then shifts to Zimmer to establish one of four statutory defenses, “which kick in if the difference in pay is attributed to (i) a seniority system; (ii) a merit system;

Taylor v. Commissioner of Social Security

District Court, N.D. Indiana · Dec 16, 2021

This is a very important issue because, as Plaintiff points out, the shoulder limitations could potentially qualify Plaintiff for benefits. 12 Thus, … Clearly, the ALJ should have reviewed this evidence more carefully to ascertain whether Plaintiff did, in fact, meet or medically equal Listing 1.04A.

In re Fedex Ground Package System, Inc., Employment Practices Litigation

283 F.R.D. 427 · District Court, N.D. Indiana · Apr 24, 2012

To establish a violation of the FMLA, a driver will have to establish that (1) the driver was eligible for the FMLA’s protections (in other words, an employee), (2) FedEx Ground was covered by the FMLA, (3) the driver was … Industrial Comm’n, 123 Ill.App.3d 1096 , 80 Ill.Dec. 421 , 465 N.E.2d 533, 536-537 (1984), the court noted that the agreement (an equipment lease) “clearly plaee[d] the right to control in” the hiring party, but still went

Aspen American Insurance Company v. Interstate Warehousing Inc

District Court, N.D. Indiana · Aug 14, 2021

As previously established, a trial court only has power to exclude evidence in limine when the specific piece of evidence is clearly inadmissible on all potential grounds. . . . … As previously established, a trial court only has power to exclude evidence in limine when the specific piece of evidence is clearly inadmissible on all potential grounds. . . .

Cobb v. Wexford Health Services

District Court, N.D. Indiana · Aug 22, 2024

. § 1915A, the court must screen the complaint and dismiss it if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … The court acknowledged Cobb’s disagreement but concluded it “doesn’t establish he is currently failing to receive adequate medical care.” Id. at 10 (citing Lockett v.