Case law

Lamb v. Commissioner for Social Security Administration

District Court, S.D. Ohio · Dec 23, 2020

Legal Framework for Disability Determinations To qualify for disability benefits, a claimant must suffer from a medically determinable physical or mental impairment that can be expected to result … And let me just clarify, because I can’t hear you clearly.”)). 11 The governing regulations require that the ALJ consider all medical opinions

Bray v. Bon Secours Mercy Health, Inc., INC.

District Court, S.D. Ohio · Jan 6, 2023

The United States contends that the Attorney General's certification conclusively establishes that Dr. … However, when analyzing the scope of employment requirement pursuant to 42 C.F.R. § 6.6(b), the Sixth Circuit has clearly applied a state’s scope-of-employment analysis. Davey, 297 Fed. Appx. at 470.

Froman v. Shoop

District Court, S.D. Ohio · Aug 11, 2024

by his own ignorance or confusion about the law or the status of his case, or by circumstances over which he had little or no control, such as the actions of counsel either in contravention of the petitioner’s clearly … While subsection (a)(2) describes the entitlement to counsel, subsection (e) defines the scope of appointed counsel’s representation as follows: Unless replaced by similarly qualified counsel upon the

Kitt v. Commissioner of Social Security

District Court, S.D. Ohio · Dec 28, 2022

disorders—with an established onset date of January 1, 1996, which was approximately six months after her twenty-second birthday. … Instead, an ALJ should consider a listing if the record “‘raise[s] a substantial question as to whether [the claimant] could qualify as disabled’ under a listing.” Id. at 641 (citing Abbott v.

DOE v. Ohio Hi-Point School District Board of Education

District Court, S.D. Ohio · Mar 28, 2022

Likewise, the “exceptional circumstances” prong of § 1367(c) requires an examining court to determine whether denying the plaintiff a “federal forum” to litigate his or her supplemental state-law claims “would clearly serve … It is well-established that Federal Rule of Civil Procedure 8 governs the pleading standard of “all civil actions and proceedings in the United States district courts”—including those based on state law.

Blasi v. United Debt Services, LLC

District Court, S.D. Ohio · Nov 5, 2019

Both prongs are established here. … This prong clearly supports approval. The seventh and final factor involves considering the public interest.

Blasi v. United Debt Services, LLC

District Court, S.D. Ohio · Nov 15, 2019

Both prongs are established here. … This prong clearly supports approval. The seventh and final factor involves considering the public interest.

McGlone v. Centrus Energy Corp.

District Court, S.D. Ohio · Jul 31, 2020

Carbide Corp., 402 F.3d 608, 624 (6th Cir. 2005) (“Because Supreme Court precedent clearly calls for judicial restraint where Congress has provided what it considers adequate remedial mechanisms for constitutional violations … At this stage, the Court accepts the facts alleged in Plaintiffs’ Complaint as true; however, discovery may ultimately prove otherwise.4 Because it appears that at least three of the Defendants qualify as RACs, Plaintiffs

Allen-Amos v. Ford Motor Company

District Court, S.D. Ohio · Jul 28, 2020

Because the proposed hybrid § 301 claim is clearly barred by the applicable statute of limitations,4 any amendment would be futile. … Under McDonnell Douglas, a plaintiff must generally show that (1) she is a member of a protected class; (2) she suffered an adverse employment action; (3) she was qualified for the position in question; and (4) she was

United States v. Pacheco-Alvarez

227 F. Supp. 3d 863 · District Court, S.D. Ohio · Dec 29, 2016

And he did not conduct any additional investigative work with an eye toward establishing probable cause to obtain a warrant. … recognizes “that when a given traffic stop becomes more coercive than a routine traffic stop, police may well be required to advise a suspect of his Miranda rights even though the underlying seizure of the individual might qualify

Lawson v. Commissioner of Social Security

District Court, S.D. Ohio · Jul 30, 2020

In May 2012, K.L. was “doing well,” as well as talking more clearly with more words in her sentences. (R. at 343.) … As the above passage indicates, the ALJ clearly acknowledged the various issues K.L exhibited in this domain.

McLain v. Commissioner of Social Security

District Court, S.D. Ohio · Aug 30, 2019

“Essentially what they do is over a four-hour to five-hour period, they infuse my blood with gamma globulins and what that does is that helps create an artificial immune system in place of the immunoglobulins that my body … These main findings led the ALJ to ultimately conclude that Plaintiff was not under a benefits-qualifying disability. Id. at 65. V.

Bonasera v. New River Electrical Corporation

District Court, S.D. Ohio · Feb 10, 2021

A motion for judgment on the pleadings may be granted only if the moving party is clearly entitled to judgment. Source Assocs. v. Valero Energy Corp., 273 F. App’x. 425, 427 (6th Cir. 2008). B. … The Court may therefore grant a motion for summary judgment if the nonmoving party who has the burden of proof at trial fails to make a showing sufficient to establish the existence of an element that is essential to that

Norman v. City of Cincinnati

District Court, S.D. Ohio · Mar 13, 2025

When ruling 9 Norman’s Complaint is not clearly drafted. Count 4 was incorrectly labeled as Count 5. As there are only four claims alleged in the Complaint, the Court will refer to this as Count 4. … Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in section 794 of Title 29 shall also apply

Gang v. Commissioner of Social Security

District Court, S.D. Ohio · Jul 6, 2021

An impairment that manifests only some of those criteria, no matter how severely, does not qualify.”); Blanton v. Soc. Sec. Admin., 118 F. … As noted, an “ALJ need not discuss listings that the applicant clearly does not meet.” Sheeks, 544 F. App’x at 641.

Acheson v. Commissioner of Social Security

District Court, S.D. Ohio · Jan 9, 2023

Listing 12.04 establishes the criteria for depressive, bipolar, and related disorders. … In this case, the evidence fails to establish the presence of the “paragraph C” criteria.

Bulas v. UNUM Life Insurance Company of America

District Court, S.D. Ohio · Jun 12, 2023

Bulas’s application provides: If coverage applied for qualifies as a benefit under an Employee Welfare Benefit plan established or maintained by the employer and governed … Therefore, you do not qualify for Total Disability benefits. . . .

Scotts Co. LLC v. Liberty Mut. Ins. Co.

606 F. Supp. 2d 722 · District Court, S.D. Ohio · Mar 26, 2009

Scotts is no longer relying on this allegation to establish its fraud claim. … However, in those cases, the Sixth Circuit did not clearly address the issue of whether it is appropriate to enforce Rule 9(b) in summary judgment proceedings.

Cohn v. Western & Southern Financial Group Long Term Incentive and Retention Plan I

District Court, S.D. Ohio · Sep 28, 2022

Cohn first argues that the evidence in the Administrative Record does not establish that he entered into a competitive or similar business. … The 2014 Restatement very clearly authorizes recoupment of distributed Plan benefits, and makes Performance Unit awards subject to those efforts.

Polley v. Commissioner of Social Security

District Court, S.D. Ohio · Feb 18, 2024

Legal Framework for Disability Determinations To qualify for SSI, a claimant must suffer from a medically determinable physical or mental impairment that can be expected to result in death or that … The Commissioner counters that the ALJ reasonably evaluated the medical evidence and clearly explained why she found Dr. Onamusi’s opinion persuasive. (Doc. 18 at PAGEID 952-54).