GOVERNMENT BENEFITS CASES

• Hoopai v. Astrue
• Aageson Grain & Cattle v. US Dep't of Agric.

U.S. 9th Circuit Court of Appeals, August 27, 2007
Hoopai v. Astrue, No. 05-16128
A denial of an application for disability insurance benefits under the Social Security Act based on back pain and depression is affirmed where: 1) the district court correctly concluded that there was substantial evidence that claimant did not suffer from a sufficiently severe non-exertional limitation that would require the assistance of a vocational expert in the ALJ's step-five determination; 2) claimant was not entitled to question the ALJ on the available alternative jobs; and 3) the ALJ made specific findings of functional limitations as required by the social security regulations. Read more...

U.S. 9th Circuit Court of Appeals, August 31, 2007
Aageson Grain & Cattle v. US Dep't of Agric., No. 05-36172
In proceedings arising after farmers successfully challenged denials of claims under the 2003 Noninsured Crop Disaster Assistance Program, an order remanding the case to the National Appeals Division (NAD) of the USDA to determine eligibility for an attorney's fees and costs award under the Equal Access to Justice Act (EAJA) is affirmed as: 1) the statutory scheme that creates and implements the NAD satisfies all three procedural protections stated in APA section 554; and 2) thus, adversarial proceedings before the NAD are "subject to" APA section 554, and the EAJA applies. Read more...