Where the record was replete with evidence the applicant was illiterate and disabled, the administrative law judge erred in concluding he had a “marginal education” and could perform medium work. He was awarded “long overdue” benefits. Background Antonio Bilotta appeals ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Albert Diaz

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, ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Roger L. Gregory

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge James A. Wynn Jr.

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 ...

Tagged with: Administrative Judge T.S. Ellis III U.S. District Court - Eastern District

A manufacturer of allergenic extracts prevailed on its motions for summary judgment on claims under the False Claims Act, or FCA. The manufacturer did not mislabel its product; a letter it sent to the Food and Drug Administration, or FDA, ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge J. Harvie Wilkinson III

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge James A. Wynn Jr.

The United States Fish and Wildlife Service, or FWS, could not be ordered to make records available in the future. FOIA applies to records already in existence; not to information that will be created in the future. Background The amended ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative

Where parties challenging construction of a natural gas pipeline are likely to succeed on their argument that authority was lacking to modify a nationwide permit issued by the Army Corps of Engineers in 2017, the construction was stayed. Background Petitioners ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative

The court joined the Third and Sixth circuits in holding that applicants could argue the Social Security administrative law judges who heard their cases were improperly appointed, although they did not raise this issue during the agency proceedings. The decision ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge James A. Wynn Jr.