Case law
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Roy v. Pioneer Human Resources Inc
District Court, E.D. Washington · Nov 2, 2020
established a 12 prohibition against retaliatory punishment. … scope of 15 employment). 16 Pursuant to 42 U.S.C. § 1983, a plaintiff has a cause of action for the 17 “deprivation of any rights, privileges, or immunities
Cited 0 timesUnknownHer Majesty the Queen in Right of Canada v. Van Well Nursery Inc
District Court, E.D. Washington · Dec 30, 2022
The record clearly shows that there 7 were “SALES” of Staccato for $2.0705 per pound, providing a grand total of 8 $37,683 for 18,200 pounds sold. … Haddrell was not disclosed as an 22 expert, and Plaintiff did not attempt to qualify him as an expert. Fed. R. Civ. P. 23 26(a)–(e) (requiring disclosure of experts); see Quevedo v.
Cited 0 timesUnknownDistrict Court, E.D. Washington · Feb 24, 2022
claimant’s symptoms.94 6 Additionally, the ALJ must “sufficiently consider the duration of, or chronological 7 fluctuation in, [the claimant]’s symptoms.”95 A claimant may have been disabled 8 for a qualifying … Berryhill, 880 F.3d 1041, 1045 (9th Cir. 2017) 23 (explaining the credit-as-true rule “was intended as a rare and prophylactic 1 clearly established, it would still be unclear when, if ever, she improved to the
Cited 0 timesUnknownDistrict Court, E.D. Washington · Jul 15, 2020
Medical Opinions: Plaintiff establishes consequential error. 3 Plaintiff challenges the ALJ’s assignment of little weight to the … consultative examination is ordered, the consultative examiner is to append 19 the records that the examiner reviewed to the report, or at a minimum clearly
Cited 0 timesUnknownDistrict Court, E.D. Washington · Mar 17, 2026
sick leave 15 Plaintiff alleges Defendant engaged in a common course of failing to accrue 16 sick leave for all the hours Plaintiff worked or not permitting Plaintiff to use sick 17 leave for qualified … Plaintiff also cites to the language of RCW 49.52.060 in 4 arguing that such a diversion is only lawful where “the employer derives no 5 financial benefit from such deduction and the same is openly, clearly and in due
Cited 0 timesUnknown996 F. Supp. 1019 · District Court, E.D. Washington · Nov 19, 1997
The strongest pillar supporting the prosecution’s case was the direct testimony of Hughes and Massey, which clearly implicated Petitioner in the murder of Ms. McKee. … If allegations such as these were enough, virtually all habeas petitioners would qualify for this , narrow exception to the procedural default doctrine.
Cited 5 timesPublishedHood v. Commissioner of Social Security
District Court, E.D. Washington · Dec 6, 2019
If the impairment meets or equals one of the listed impairments, the 14 claimant is per se disabled and qualifies for benefits. Id. … Rather, reading the entire 3 paragraph in context, the ALJ clearly discounted Dr.
Cited 0 timesUnknownDistrict Court, E.D. Washington · May 21, 2024
Standard 8 The ALJ must identify what symptom claims are being discounted and 9 clearly and convincingly explain the rationale for discounting the symptoms … The Commissioner asserts that Plaintiff failed to cite to any 10 evidence which establishes that he meets the listing criteria for Listing 14.07(c). 11 1.
Cited 0 timesUnknownDistrict Court, E.D. Washington · Sep 20, 2022
The party appealing the ALJ’s decision generally 21 1 bears the burden of establishing that it was harmed. Shinseki v. … Astrue, 700 F.3d 17 386, 389 (9th Cir. 2012). 18 A finding of “disabled” does not automatically qualify a claimant for 19 disability benefits. Bustamante v.
Cited 0 timesUnknownMcKinney v. Commissioner of Social Security
District Court, E.D. Washington · Sep 27, 2019
If the impairment meets or 17 equals one of the listed impairments, the claimant is per se disabled and qualifies 18 for benefits. Id. … support the ALJ’s finding that 19 Plaintiff provided multiple inconsistent statements regarding his level of disability. 20 1 Thus, the ALJ clearly
Cited 0 timesUnknownDistrict Court, E.D. Washington · Sep 1, 2021
properly evaluated as a trial work period and argues the ALJ erred by failing to 2 evaluate whether this work qualified … The ALJ conceded that Plaintiff’s “earnings in the second and third quarters 10 of 2018 fell just below SGA levels.”75 Yet, the ALJ clearly
Cited 0 timesUnknownDistrict Court, E.D. Washington · Apr 1, 2024
Lindman was better 2 qualified because Dr. … Lindman was 5 more qualified than LMHC Cook.
Cited 0 timesUnknownDistrict Court, E.D. Washington · Jul 12, 2021
“Thus, applying 4 our normal standard of review to the requirements of step two, [the Court] must 5 determine whether the ALJ had substantial evidence to find that the medical 6 evidence clearly established that [Plaintiff … Nestler’s opinion is not set forth in 4 vocational terms and is not clearly disabling. See ECF No. 19 at 6.
Cited 0 timesUnknownDistrict Court, E.D. Washington · Feb 25, 2022
A statement by a 12 medical source qualifies as a medical opinion only if that statement is about what 13 the claimant can still do despite her impairments and/or whether the claimant has 14 one or more impairment-related … Rashkoff’s report after noting, “Physical examination 23 showed marked range of motion limitation due to guarding, tenderness to 1 The omission of a persuasiveness analysis by itself clearly constitutes
Cited 0 timesUnknownDistrict Court, E.D. Washington · Aug 20, 2026
The party appealing the ALJ’s decision 6 generally bears the burden of establishing that it was harmed. Shinseki v. … As the Ninth Circuit recently explained, a person 14 may think clearly, remember well, and concentrate during an isolated examination 15 while remaining unable to function in a workplace eight hours per day, five days
Cited 0 timesUnknownEqual Employment Opportunity Commission v. Global Horizons, Inc.
100 F. Supp. 3d 1077 · District Court, E.D. Washington · Mar 19, 2015
Nineteen specific requests for relief were listed, including 1) requiring the Grower Defendants to “hire all interested individuals who are otherwise qualified to work,” 2) “providing] sponsorship of visas and other immigrant … Yet, the Court need not resolve that question because here the information before the EEOC in April 2010, including the pre-lawsuit investigation notes, clearly did not justify the filing of Title VII claims against the Grower
Cited 0 timesPublishedDistrict Court, E.D. Washington · Feb 25, 2022
Chater, 81 19 F.3d 821, 830-31 (9th Cir. 1995)). 20 1 “Only physicians and certain other qualified … “Thus, applying 11 our normal standard of review to the requirements of step two, [the Court] must 12 determine whether the ALJ had substantial evidence to find that the medical 13 evidence clearly established that [Plaintiff
Cited 0 timesUnknownDistrict Court, E.D. Washington · Nov 15, 2023
The appellant generally bears the burden of establishing harm. Shinseki 2 v. … The Court does not take the ALJ’s mention of “total 10 disability” to mean that she believed Plaintiff needed to be completely 11 incapacitated in order to qualify for Social Security benefits. Tr. 30.
Cited 0 timesUnknownSchimanskey v. Commissioner of Social Security
District Court, E.D. Washington · Jun 25, 2020
medical sources are licensed physicians, licensed or certified psychologists, licensed 17 optometrists, licensed podiatrists, qualified … step two, [the Court] must determine whether the ALJ had substantial evidence to 6 find that the medical evidence clearly
Cited 0 timesUnknownDistrict Court, E.D. Washington · Oct 7, 2022
In steps one through four, the claimant 13 bears the burden of establishing a prima facie case of disability benefits. Tackett, 14 180 F.3d at 1098-1099. … Chater, 172 F.3d 31, 35 (1st Cir. 1999) (finding, as a 28 lay person, an ALJ is “not at liberty to ignore medical evidence or substitute his 1 own views for uncontroverted medical opinion;” he is “simply not qualified
Cited 0 timesUnknown
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