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 ...

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The individual defendants, former bank executives, dispute the authority of the defendant Federal Deposit Insurance Corp. to bar “golden parachute” payments to the former executives. Their bank was not FDIC insured after Oct. 23, 2015, and its successor banks were ...

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Where the Administrative Law Court reversed and remanded the Office of Motor Vehicle Hearings’ dismissal of plaintiff’s challenge to the suspension of her driver’s license, the ALC’s decision was not a final order and was not immediately appealable. The court ...

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County of Charleston v. South Carolina Department of Transportation (Lawyers Weekly No. 011-042-17, 7 pp.) (James Lockemy, C.J.) Appealed from Charleston County Circuit Court (R. Markley Dennis Jr., J.) S.C. App. Holding: Even though a Charleston County zoning ordinance prohibits ...

Tagged with: Administrative

Fullbright v. Spinnaker Resorts, Inc. (Lawyers Weekly No. 010-032-17, 16 pp.) (John Kittredge, J.) On certification from the U.S. District Court for the District of South Carolina. Holding: In response to certified questions, the court holds that, despite the Real ...

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Retail Services & Systems, Inc. v. South Carolina Department of Revenue (Lawyers Weekly No. 010-020-17, 20 pp.) (Jean Hoefer Toal, Acting Justice) (Donald Beatty, C.J. & Costa Pleicones, Acting Justice, concurring in the result only without separate opinion) (John Kittredge, ...

Tagged with: Administrative

Genesis Health Care, Inc. v. Soura (Lawyers Weekly No. 002-066-17, 9 pp.) (Cameron McGowan Currie, S.J.) 3:16-cv-03376; D.S.C. Holding: Even though plaintiff purports to bring only statutory claims and not contract claims, since (1) plaintiff’s right to Medicaid reimbursement would ...

Tagged with: Administrative