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Law digest – 11/26/12


Administrative Law, Social Security disability: In case involving petitioner’s application for Social Security disability benefits, administrative law judge (“ALJ”) erred in failing to give retrospective consideration to medical evidence created after last date petitioner was insured for purposes of qualifying for Social Security benefits, because ALJ must give retrospective consideration to medical evidence created after claimant’s last insured date when such evidence may be reflective of possible earlier and progressive degeneration. Bird v. Commissioner of Social Security Administration, No. 11-1645. RecordFax No. 12-1109-60, 15 pages. Page xx

Constitutional Law, Freedom of speech: Even under “the most exacting scrutiny” standard, federal statutes prohibiting wearing military uniform and/or military medals and other insignia without authorization did not violate the First Amendment. U.S. v. Hamilton, No. 11-4892. RecordFax No. 12-1109-61, 42 pages. Page xx

Immigration Law, Waiver of removal: Federal statute barring alien from obtaining a waiver of inadmissibility if, since date of “admission,” alien has been convicted of aggravated felony, did not apply to alien who never entered United States legally. Leiba v. Holder, No. 11-1845. RecordFax No. 12-1109-62, 18 pages. Page xx


One comment

  1. MD disability is the worse their rate of 3.2% of population compared to avg other states is 4.6% . md disability is prejudiced against everyone . very tight they turned me down n i have had battled epilepsy since early age filed when i was 18 n refiled later at age 40 when shoulder n other injuries plagued me and even a heart atck i still dont qaulify . yet i cant work as i cant even lift a gallon of milk with out pain nor walk more then 50′ with out being exhausted they say im fine to work .in short maryland is the greediest of states n care nothing of people ….remind you ide prefer not have to get help but when you work from age 15-40 ya would exspect the govt to honor its words when it offers help when your out work due to disabilities for more then a year . has been 5 years now n i still cant work .nor do i exspect to only thing i can exspect is to be living on the streets n die with no help from a givt that offers help then finds everyreason not to .. i do understand why though is alot fraud case out there .. sadly im not a fraud .with there judgements i now no longer care for my country n will never pay a dime in taxes again if i ever was able to …signed near homeless n soon to die in md …md greed has put a nasty taste in my outlook for it cares not for people only money …