GOVERNMENT BENEFITS CASES

• Hepp v. Astrue
• Rodriguez v. Peake
• McGee v. Peake

U.S. 8th Circuit Court of Appeals, January 07, 2008
Hepp v. Astrue, No. 06-4103
Denial of claimant's application for disability insurance benefits under Title II of the Social Security Act is affirmed over claims that: 1) claimant was denied due process because he did not get an opportunity to cross-examine properly one of the medical examiners; and 2) an ALJ's decision denying benefits was unsupported by substantial evidence because it contained inconsistencies and improperly weighed the medical evidence. Read more...

U.S. Fed. Circuit Court of Appeals, January 07, 2008
Rodriguez v. Peake, No. 2006-7023
A decision permitting a survivor of a deceased veteran to proceed with a claim for dependency and indemnity compensation is reversed where the Board of Veterans' Appeals application of amended 38 C.F.R. section 3.22 to claimant does not have an unlawful "retroactive effect." Read more...

U.S. Fed. Circuit Court of Appeals, January 08, 2008
McGee v. Peake, No. 2007-7071
A determination under 38 U.S.C. section 5110(a) that claimant is not entitled to an effective date of service connection earlier than April 15, 1999 is reversed and remanded for consideration of 10 U.S.C. section 1218 where the Court of Appeals for Veterans Claims erred in its interpretation of "applicable" as used in 38 U.S.C. section 7104(a). Read more...