Cases

W. FLETCHER, Circuit Judge, dissenting. It is uncontested that the appellant, John Wagner, has a degenerative back disorder, has had three major back surgeries, and takes six to eight Vicodin 2 every day as prescribed by his physician. None of the physicians who examined Wagner, or reviewed his case, concluded that he did not experience back pain. Today the majority, however, affirms

MEMORANDUM * Michael E. Wagner appeals the district court’s summary judgment order affirming the denial by the Commissioner of the Social Security Administration of Wagner’s request for disability insurance benefits under Title II and supplemental security income benefits under Title XVI of the Social Security Act. The parties are familiar with the facts and procedural history of this case, so we do not repe

473 F.Supp.2d 488 (2007) Eugenie WRIGHT, Plaintiff, v. Jo Anne BARNHART, Commissioner of Social Security, Defendant. No. 04 CIV.4103 SCR MDF. United States District Court, S.D. New York. February 6, 2007. *489 Barry I. Weiss, David MacRae Wagner, Freedman, Wagner, Tabakman & Weiss, New City City, for Plaintiff.

Filed 6/2/14 Unmodified opinion attached CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA K. I., a Minor, etc. D063822 Plaintiff and Appellant, v. (Super. Ct. No. 37-2010-00102184-

Opinion HALLER, J. An individual who is denied state or local social services may challenge the denial through an administrative hearing process administered by the Director of the State Department of Social Services (Director). If the party receives an unfavorable administrative decision, the exclusive remedy is a petition for writ of mandate in the superi

571 F.Supp.2d 400 (2008) Lucille A. McAULIFFE, Plaintiff, v. Joanne BARNHART, Commissioner of Social Security, Defendant. No. 06-CV-0453. United States District Court, W.D. New York. July 25, 2008. *401 Felice A. Brodsky, Lockport, NY, for Plaintiff. Jane B. Wolfe, U.S. Attorney's Office, Buffalo, NY, for Defendant.

Brennan, Circuit Judge. *1149 A mother contests the decision that her minor son (whom we refer to as L.D.R.) did not qualify for social security disability benefits until second grade. She also seeks retroactive payments for the first year of L.D.R.'s life, before she applied for assistan

492 F.Supp.2d 275 (2007) Bernardo ESTEVES, Plaintiff, v. Joanne B. BARNHART, Commissioner of Social Security, Defendant. No. 04-CV-00708. United States District Court, W.D. New York. June 28, 2007. *276 Thomas S. Pera, Buffalo, NY, for Plaintiff. Jane B. Wolfe, U.S. Attorney's Office, Buffalo, NY, for Defendant.

470 F.Supp.2d 194 (2007) Anna Burwell SERGENTON, Plaintiff, v. Jo Anne BARNHART, Commissioner of Social Security, Defendant. No. 05-cv-4551 (ADS). United States District Court, E.D. New York. January 13, 2007. *195 *196 Sherman, Federman, Sambur & Levine, LLP by. Kenneth S. Beskin, Esq., B

473 F.Supp.2d 357 (2007) Patricia A. STEVENS, Plaintiff, v. Joanne B. BARNHART, Commissioner of Social Security, Defendant. No. 04-CV-00567. United States District Court, N.D. New York. February 13, 2007. *358 Jennifer Gale Smith, McMahon, Kublick Law Firm, Syracuse, NY, for Plaintiff. William H. Pease, Office of the. Unit

476 F.Supp.2d 248 (2007) Nicole BURGER, Plaintiff, v. Joanne B. BARNHART, Joanne B. Barnhart, Commissioner of Social Security, Defendant. No. 05-CV-00579. United States District Court, W.D. New York. February 27, 2007. *249 *250 Mark A. Schneider, Office of Mark A. Schneider, Plattsburgh, NY,

443 F.Supp.2d 411 (2006) Nettie RICHARDSON, Plaintiff, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant. No. 03-CV-6382L. United States District Court, W.D. New York. July 6, 2006. *412 *413 Gregory T. Phillips, Segar & Sciortino, Rochester, NY, for Plaintiff.

SUMMARY ORDER Domenica Lucas (“Lucas”), now deceased, applied to the Social Security Administration (“SSA”) for disability insurance benefits on September 11, 1998, claiming a disability onset date of April 28, 1996. Lucas had filed a previous claim for benefits for the period spanning April 28, 1996, through November 26, 1997. This first application had been denied and had become the final decision of the Commissioner of Social Securit

499 F.3d 842 (2007) Walter E. WAGNER, Appellant, v. Michael J. ASTRUE, Commissioner of Social Security, Appellee. No. 06-3580. United States Court of Appeals, Eighth Circuit. Submitted: June 14, 2007. Filed: August 24, 2007. *843 *844 Ruth M. Carter, argued, Sioux City, IA, fo

363 F.Supp.2d 153 (2005) John E. FISHER, Plaintiff v. Jo Anne B. BARNHART, Commissioner, Social Security Administration, Defendant. Civil No. 3:03CV904(CFD)(TPS). United States District Court, D. Connecticut. March 24, 2005. *154 David E. Mandell, Norwich, CT, for Plaintiff. Ann M. Nevins, Bridgeport, CT, Douglas P. Morabi

IN THE TENTH COURT OF APPEALS No. 10-17-00336-CV IN RE JOHNATHAN WOMACK AND GENA TAYLOR-WAGNER Original Proceeding OPINION Relators Johnathan Womack (John) and Gena Taylor-Wagner (Gena) seek mandamus relief to vacate the “Order to Immunize Foster Child over Parental Objection”

303 F.Supp.2d 477 (2004) Christopher KLETT, Plaintiff, v. Jo Anne B. BARNHART, Commissioner of Social Security Defendant. No. 01 CIV. 10879(VM). United States District Court, S.D. New York. February 19, 2004. *478 Elyse J. Factor, Westchester/Putnam Legal Services, Inc., Yonkers, NY, for plaintiff. Susan D. Baird, New York

WILNER, Judge. We have before us what began as a custody dispute between Deborah Frase, the mother of three-year-old Brett, and Curtis and Cynthia Barnhart, a couple who, during part of an eight-week period of the mother’s incarceration, volunteered to care for Brett and then decided that they wanted custody of the child. The issue at this point is not who should have custody of

277 F.Supp.2d 226 (2003) Piper DAILEY, f/n/a Seaman, Plaintiff, v. Jo Anne B. BARNHART, Defendant. No. 02-CV-6145L. United States District Court, W.D. New York. July 24, 2003. *227 *228 *229 Mark M. McDonald, Bond and McDonald, P.C., Geneva, NY, for Plainti

242 F.Supp.2d 251 (2003) Vanessa I. SOTO, Plaintiff, v. Joanne B. BARNHART, Commissioner of Social Security, Defendant. No. 01-CV-6479L. United States District Court, W.D. New York. January 13, 2003. *252 Lawrence I. Heller, Rochester, NY, for Plaintiff. *253 Brian M. McCarthy, Asst. U.