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Case Summaries

Government Benefits

[12/16] US v. Foreman
Defendant's social security benefits fraud conviction is affirmed where: 1) the district court properly admitted defendant's loan application and letter into evidence as business records under Fed. R. Evid. 803(6); and 2) even assuming, without deciding, that the government's questions on cross-examination were plainly improper, the errors were not so prejudicial as to affect the outcome of the trial.

[12/14] California Alliance of Child & Fam. Servs. v. Allenby
In an action challenging California's scheme of reimbursement to foster care homes, summary judgment for defendants is reversed where California was not in "substantial compliance" with the federal Child Welfare Act's (CWA) mandate that a participating state "cover the cost" of certain enumerated items for foster care group homes because it paid at a rate that was approximately 80 percent of actual 1986-1987 costs adjusted for inflation, and the CWA required California to pay in full.

[12/09] Golden Drugs Co., Inc. v. Maxwell-Jolly
In mandamus proceedings challenging the termination of petitioner's Medi-Cal provisional provider license by the director of the Department of Health Care Services, specifically disputing that it allowed a pharmacy technician to dispense medication without direct supervision and control of a pharmacist, denial of plaintiff's petition is affirmed where: 1) plaintiff failed to show a basis for consideration of extra-record evidence; 2) the agency's decision was not devoid of evidentiary support; 3) plaintiff forfeited its due process argument for failure to provide an adequate legal and factual analysis.

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Information Regarding Legal Topics

  • In a petition for review of the Benefits Review Board's determination that petitioner was not entitled to disability benefits under the Longshore and Harbor Worker's Compensation Act, the petition is denied where psychological injuries that result from legitimate personnel actions are not compensable under the Act. Read More

  • Department of Justice's Bureau of Justice Assistance's (BJA) denial of claim for benefits by plaintiff and her three children under the Public Safety Officers' Benefits Act (PSOB Act) 42 U.S.C. section 3796, is affirmed as the BJA correctly determined that plaintiff's deceased husband did not die as a result of the type of "injury" that is compensable under the PSOB Act. Read More

  • Decision of the Veterans Court holding that 38 C.F.R. section 3.343(a) does not apply to assignments of retrospective staged ratings that include a temporary total disability rating is affirmed as the Department of Veterans Affairs' interpretation of the applicability of the section is not plainly erroneous or inconsistent with the regulation. Read More

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Social Security Disability Information