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Jul 24, 2023

Administrative – Social Security Disability – Treating Physician – Weight

The administrative law judge cited specific examples to explain why the 2018 opinion of treating physician Dr. Paul Weaver was not entitled to controlling weight: (1) Weaver’s treatment records “reflect no significantly adverse mental health findings” and (2) Weaver noted in April 2018 that plaintiff was riding a bicycle for exercise. However, the ALJ did […]

May 3, 2023

Administrative – Social Security Disability – RFC – Depression & Crohn’s Disease – Physicians’ Opinions

Although plaintiff’s depression is severe, the administrative law judge carefully considered plaintiff’s entire medical record, including his responsiveness to medication, multiple expert reports finding that he maintains a high degree of mental functioning and the capacity to work, and his own treating physician’s assessment that working will “help him psychologically.” The ALJ also inc[...]

Feb 10, 2023

Administrative – Social Security – Disability – Subjective Pain Complaints – Daily Activities

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 by discrediting the claimant’s assertions of disabling pain based largely on her ability to perform […]

Feb 10, 2023

Administrative – Workers’ Compensation – Appeals – Reinstatement Denial – Lack of Findings

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 we would defer. Plaintiff’s counsel mistakenly placed the due date for his appellate brief on […]

Feb 10, 2023

Administrative – Taxation – Appeals – Untimely Protests

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 letters and S.C. Code Ann. § 12-60-450 required the taxpayer to file any protest within […]

Aug 17, 2022

Administrative – Social Security Disability – Narcolepsy – New Evidence – Contradictory 

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 that he would fall asleep at unpredictable times during the working portion of each work […]

Sep 13, 2018

Civil Practice – Subject Matter Jurisdiction – Administrative – Banks & Banking

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 never FDIC insured. However, the court need not decide whether the former executives are correct […]

Jun 28, 2018

Attorneys – Administrative & Civil Practice – Interlocutory Appeals – Scheduling Conflict

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 notes the scheduling conflict that led to the OMVH dismissal and recommends that – although […]

Jul 14, 2017

Constitutional – Administrative – Real Property – Zoning – DOT Tree Removal

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 the removal of trees without a zoning permit, the state Department of Transportation is exempt […]

May 19, 2017

Real Property – Timeshares – Administrative – Agency Decisions – Certified Questions

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 Estate Commission’s authority over timeshares, a purchaser or lessee still has the right to bring […]

Mar 31, 2017

Constitutional – Administrative – Licenses & Permits – Number of Liquor Licenses

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, J., dissenting) Appealed from Aiken County Circuit Court (Doyet Early III, J.) S.C. S. Ct. […]

Mar 2, 2017

Civil Practice – Venue – Administrative – Medicaid Dispute

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 not exist had it not entered into provider agreements with the South Carolina Department of […]

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