South Carolina Lawyers Weekly

In this social security disability case, the administrative law judge erred by disregarding the claimant’s statements about her abdominal pain because the ALJ could not find an objective medical explanation for the intensity of her pain. The ALJ also erred ...

Tagged with: Administrative

Where the Workers’ Compensation Commission summarily denied a motion to reinstate an appeal without engaging in a rational analysis of the good cause standard, the commission failed to exercise its discretion; consequently, there was no exercise of discretion to which ...

Tagged with: Administrative

In letters dated February 14, 2018, and August 16, 2018, the Department of Revenue denied the appellant-taxpayer’s claim of refunds on her 2012 and 2013 tax returns (filed on August 11, 2017, and August 13, 2018, respectively). Both the denial ...

Tagged with: Administrative

Plaintiff’s claim for social security disability, based on his narcolepsy, was denied. Thereafter, his doctor completed a one-page questionnaire in which she said that, if plaintiff were taking the appropriate level of stimulant medication, it would nevertheless be most probable ...

Tagged with: Administrative

Where a federal contractor sought clarification on whether the nature of its Navy service contract made it subject to California’s labor laws, the suit was dismissed because the contractor failed to satisfy the exhaustion requirements of the Contract Disputes Act ...

Where the Occupational Safety and Health Administration, or OSHA, did not argue that a company’s safety program was inadequate to prove constructive knowledge during the trial or in its post-trial brief, the administrative law judge, or ALJ, erred by relying ...

Where the Fish and Wildlife Service failed to adequately evaluate the “environmental baseline” and “cumulative effects” for the Roanoke logperch and the candy darter within the right of way of a proposed pipeline, its biological opinion and incidental take statement ...

Where a statute allows a taxpayer to appeal an adverse administrative ruling of the Internal Revenue Service, or IRS, to the tax court, but here the IRS then determined that the taxpayer owed no money, the tax court lacked jurisdiction ...

Where the United States Forest Service and the Bureau of Land Management, or BLM, failed to account for data suggesting increased sedimentation along the route of a proposed gas pipeline, and approved the use of the conventional bore method to ...

The 15-day period for filing a request for review of a decision of the Department of Health and Environmental Control does not start to run upon a party’s receipt of actual notice of the decision. The General Assembly chose not ...