Representative Decisions

Hughes v. Commissioner of Social Security; U.S. District Court, District of New Jersey, Civil Action No.: 2:02-CV-04003-DRD; District Court reversed a denial of Social Security Disability benefits, and entered judgment directing the Commissioner of Social Security to process and pay disability benefits to the plaintiff. Plaintiff was also awarded attorney's fees under the Equal Access to Justice Act.

Helms v. Commissioner of Social Security; U.S. District Court, District of New Jersey; Civil Action No.: 2:92-CV-04455-AMW; reversal of Social Security Disability denial by the District Court on the basis that the Administration's decision was not based upon substantial evidence.

Mason v. Commissioner of Social Security; U.S. District Court, District of New Jersey; reversal of the Social Security Administration's attempt to terminate benefits after a continuing disability review. Plaintiff awarded attorney's fees under the Equal Access to Justice Act.

Molta v. Hewlett Packard Employee Benefits Organization; U.S. District Court, District of New Jersey; Docket No.: 2:04-CV-01705(WGB). Plaintiff prevailed on a Motion for Summary Judgment reversing a denial of disability benefits under an ERISA governed Long Term Disability plan on the basis that the determination was arbitrary and capricious. The Court held that the defendants improperly relied upon select "out of context" statements in the medical reports of Plaintiff's physicians. The Court also held that the defendants unduly relied upon a "cursory" review and error-laden opinion of a non-examining medical expert.

Witte v. CIGNA; United States District Court, District of New Jersey; 2:06-CV-02755(WJM); Court granted Plaintiff's Motion for Summary Judgment reversing denial of ERISA disability benefits claim on the basis that the determination was arbitrary and capricious, mostly due to the failure of the defendants to properly assess the physical requirements of Plaintiff's own occupation.

Shah v. Broadspire Services, Inc.; U,S. District Court, District of New Jersey; 2:06-CV-03106(FSH); The court granted Plaintiff's Motion for Summary Judgment reversing a termination of Long Term Disability benefits under an ERISA-governed plan and directed payment of benefits to the Plaintiff on the basis that the termination was arbitrary and capricious. In particular, the Court held that an employability assessment relied upon by the Defendant was flawed because that assessment failed to consider all of the Plaintiff's physiological functional limitations, and that the consultant did not consult any medical records from Plaintiff's treating physicians in her assessment of the Plaintiff's employability. In addition, the Court awarded over $50,000 in attorney's fees and costs to Plaintiff's counsel assessed against the Defendants.