Justia U.S. 4th Circuit Court of Appeals Opinion Summaries

Plaintiff appealed the denial of his application for Social Security disability benefits, contending that the ALJ failed to resolve a conflict between the vocational expert's testimony and the Dictionary of Occupational Titles. The court held that an ALJ has not fully developed the record if it contains an unresolved conflict between the expert’s testimony and the Dictionary; nor has the ALJ fulfilled this duty if he ignores an apparent conflict because the expert testified that no conflict existed. In this case, the ALJ did not fulfill his duty to make an independent identification of apparent conflicts. Accordingly, the court reversed and remanded for further proceedings. View "Pearson v. Colvin" on Justia Law

Petitioners seek review of the Board's 2014 decision affirming an award of black lung benefits to Arvis R. Toler. Petitioner contends that, by applying the fifteen-year rebuttable presumption to Toler’s second claim for benefits, the ALJ contravened the Black Lung Benefits Act, 30 U.S.C. 901-945, and its regulations, as well as principles of finality and separation of powers. The court concluded that, the text of the statute and regulations, as well as the preamble to the 2000 Final Rule, demonstrate that the fifteen-year presumption applies to subsequent claims and may be used to establish a change in an applicable condition of entitlement. Therefore, the court rejected petitioner's contention that the ALJ contravened either the Act or the applicable regulations by applying the fifteen-year presumption to Toler’s second claim. The court also rejected petitioner's remaining constitutional contention that utilization of the fifteen-year presumption to decide Toler’s second claim contravened constitutional principles of separation of powers. Accordingly, the court denied the petition for review. View "Eastern Associated Coal Corp. v. DOWCP" on Justia Law

Relator filed suit against PHEAA and other private and state-created student-loan entities under the False Claims Act (FCA), 31 U.S.C. 3729-33, alleging that defendants fraudulently claimed hundreds of millions of dollars in federal student-loan interest-subsidy payments to which they were not entitled. At issue on appeal is whether PHEAA qualifies as an “arm of the state” or “alter ego” of Pennsylvania such that it cannot be sued under the FCA. The court concluded that PHEAA is an independent political subdivision, not an arm of Pennsylvania, and therefore PHEAA is a "person" subject to liability under the FCA. Accordingly, the court reversed the district court’s order granting summary judgment in favor of PHEAA and remanded for further proceedings on the merits of relator’s FCA claims against PHEAA. View "US ex rel. Oberg v. PHEAA" on Justia Law

Plaintiffs filed suit challenging a state law redrawing the Wake County Board of Education electoral districts, arguing that under the new redistricting plan, some citizen’s votes will get significantly more weight than other’s in violation of the Fourteenth Amendment’s guarantees of one person, one vote and the North Carolina Constitution’s promise of equal protection. The district court granted defendants’ motions to dismiss and denied plaintiffs’ motion to amend as futile. The court concluded that plaintiffs’ allegations in support of their claim that the law violates the one person, one vote principle suffice to survive a motion to dismiss for failure to state a claim. Thus, plaintiffs have stated a claim upon which relief could be granted against the Wake County Board of Elections and the district court therefore erred in dismissing their suit. The court affirmed, however, the denial of the motion to amend because the state officials plaintiffs proposed to add as named defendants are not amenable to suit. View "Wright v. North Carolina" on Justia Law

Petitioner, a native and citizen of El Salvador, entered the United States without inspection and without valid entry documents. The Government subsequently initiated deportation proceedings against Petitioner. Petitioner conceded her removability but sought relief from removal in the form of asylum and withholding of removal under the Immigration and Naturalization Act. The immigration judge concluded that Petitioner had not established her eligibility for asylum. The Board of Immigration Appeals (BIA) affirmed. The Fourth Circuit granted Petitioner’s petition for review and vacated the order of the BIA, holding that Petitioner had established her eligibility for asylum. Remanded. View "Hernandez-Avalos v. Lynch" on Justia Law

Ashton LeBlanc, a Louisiana resident, had a son, Robert, who was born in Nigeria in 1970. In 2001, Robert and Ashton decided to file the appropriate paperwork to have Robert declared a United States citizen. Ashton completed and submitted to his attorney a Form N-600, an application for certificate of citizenship, but the attorney instead filed a Form I-130, a petition for an adjustment of status for an alien relative. The I-130 was denied in 2007. The Board of Immigration Appeals (BIA) denied the appeal. In 2011, Ashton contacted a second attorney to check on the status of Robert’s citizenship and was assured that the process was moving forward. Ashton subsequently hired his current counsel, who discovered Ashton’s previous attorney’s deficient performance. Current counsel moved to reopen the denial of the I-130 petition on the grounds of ineffective assistance of counsel. The BIA denied the motion, concluding that Ashton failed to show due diligence after contacting the second attorney. The Fourth Circuit dismissed Ashton’s petition for review for lack of jurisdiction because the petition was from Ashton’s denied motion to reopen his visa petition, not an order of removal against Robert, and because transfer to an appropriate district court was not in the interests of justice. View "LeBlanc v. Holder" on Justia Law

Under the “fifteen-year presumption” of the Black Lung Benefits Act, if a claimant has at least fifteen years of underground coal mine employment and a qualifying respiratory or pulmonary disability, a rebuttable presumption arises that he is entitled to benefits. After working for more than twenty-one years in underground coal mines, most recently for Petitioner, Respondent suffered a totally disabling respiratory impairment for purposes of the Act. Respondent filed this claim for benefits under the Act. The administrative law judge (ALJ) reviewing his claim applied the fifteen-year presumption, concluded that Petitioner failed to rebut that presumption, and awarded black lung benefits. The Fourth Circuit denied Petitioner’s petition for review and affirmed the ALJ’s finding that Petitioner had failed to rebut the fifteen-year presumption, holding that the ALJ’s determinations were supported by substantial evidence. View "Hobet Mining, LLC v. Epling" on Justia Law

In 2007, Petitioner, a native and citizen of El Salvador, was convicted of petit larceny. In 2009, the U.S. Department of Homeland Security commenced removal proceedings against Petitioner. Petitioner conceded removability but applied for cancellation of removal under 8 U.S.C. 1229b(b)(1), The immigration judge pretermitted Petitioner’s application and ordered her removed to El Salvador, concluding that her petit-larceny conviction rendered her ineligible for relief because it was a crime involving moral turpitude. The Board of Immigration Appeals (BIA) affirmed. Petitioner appealed, arguing that the BIA’s decision was based on an incorrect interpretation of section 1229b(b)(1)(C).The Fourth Circuit affirmed, holding that the BIA’s reading of section 1229b(b)(1)(C) was a permissible interpretation of the statute, entitling the BIA’s decision to Chevron deference. View "Hernandez v. Holder" on Justia Law

Page Bender Jr. worked as an underground coal miner for twenty-one years and suffered from a totally disabling respiratory condition. Bender filed a claim for black lung benefits. An administrative law judge (ALJ) applied to Bender’s claim the rebuttable presumption of total disability due to pneumoconiosis, under which the burden shifted to the coal mine operator to disprove Bender’s entitlement to benefits. The ALJ awarded black lung benefits to Bender based on the ALJ’s conclusion that the operator had failed to rebut the presumption by showing that Bender’s pneumoconiosis did not in any way contribute to his disability. The Benefits Review Board affirmed. The Fourth Circuit affirmed, holding (1) the Department of Labor acted within its regulatory authority in requiring the coal mine operator to show, where Bender met the statutory criteria for the presumption, that “no part of the miner’s respiratory or pulmonary total disability was caused by pneumoconiosis”; and (2) the ALJ’s decision was supported by substantial evidence. View "W. Va. CWP Fund v. Bender" on Justia Law

Bonnilyn Mascio filed an application with the Social Security Administration for supplemental security income benefits, alleging that she was disabled from degenerative disc disease, carpal tunnel syndrome, and adjustment disorder. An administrative law judge (ALJ) found that Mascio was not disabled. The district court reversed. On remand, a second ALJ found that Mascio was not disabled and denied her application. The district court upheld the denial of benefits. The Fourth Circuit reversed, holding that the ALJ erred (1) in assessing Mascio’s residual functional capacity because he did not conduct a function-by-function analysis; (2) by not considering Mascio’s moderate limitation in her ability to maintain her concentration, persistence, or pace; and (3) by determining Mascio’s residual functional capacity before assessing her credibility. Remanded. View "Mascio v. Colvin" on Justia Law