Tag Archives: Administrative

Agency didn’t explain Clean Water certification denial (access required)

Where the North Carolina Department of Environmental Quality denied a Clean Water Act certification to a company building a natural gas pipeline, but did not explain why it disagreed with the hearing officer’s findings or why it denied the application, ...

Read More »

SSA’s fraud decisions ‘arbitrary and capricious’ (access required)

It was “arbitrary and capricious” and a violation of due process for the Social Security Administration, or SSA, to categorically terminate the benefits of a class of claimants without giving them an opportunity to rebut the allegation that their benefits ...

Read More »

Fairfax County prevails in dispute over IEP (access required)

Although parents challenged an individualized education program, or IEP, the Fairfax County School Board satisfied its obligations under the Individuals with Disabilities Education Act because the IEP was reasonably calculated to enable the child to make appropriate progress in the ...

Read More »

Surrender transactions can’t avoid tax liability (access required)

Where the taxpayers argued that they were not required to report $45.7 million of compensation income, the series of business transactions were devoid of economic substance and were thus insufficient for avoiding tax liability. Moreover, despite the taxpayers’ assertion they ...

Read More »

Disability established by objective, subjective evidence (access required)

The administrative law judge erred by requiring objective evidence about the persistence and limiting effects of fibromyalgia on the claimant’s daily life. This error was compounded by the fact that objective evidence was present, but ignored. The record as a ...

Read More »