No. 18-7535

Timothy S. Chalfant v. Nancy A. Berryhill, Acting Commissioner of Social Security

Lower Court: Third Circuit
Docketed: 2019-01-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law appeals civil-procedure civil-rights disability due-process judicial-review social-security standing
Latest Conference: 2019-03-15
Question Presented (from Petition)

DID THE SOCIAL SECURITY ALJ ERROR IN FAILING TO ADDRESS MR. CHALFANT'S IMPAIRMENTS THAT HE REFERENCED AT LENGTH DURING THE ORAL HEARING? IS THIS GROUNDS TO REMAND?

IN THE SOCIAL SECURITY ALJ USED SELECTIVE EMPHASIS WHERE THE DOCTOR ADDED EMPHASIS WHERE THE DOCTOR ADDED EMPHASIS ON MR. CHALFANT'S IMPAIRMENTS; BUT FAILED TO USE A BONE CONDUCTION TEST. THE WESTERN DISTRICT COURT JUDGE FOUND ERRORS IN THE ALJ'S OPINION. THE JUDGE FOUND MEDICAL RECORDS THAT PUT THESE OFF AS HARMLESS ERROR. IS THIS GROUNDS TO REMAND?

SHOULD HAVE THE THIRD CIRCUIT COURT PERFORMED A ATTORNEY MALPRACTICE BY FAILING TO GET MEDICAL RECORDS TO SUPPORT MY CLAIM AND/OR MAKING ANY ARGUMENTS ON MY CLAIM? THE ALJ EVEN ACKNOWLEDGE HIS FAILURE TO ADVANCE AN ARGUMENTS TO SUPPORT MY CLAIM. IS THIS GROUNDS TO REMAND?

SINCE SOCIAL SECURITY TITLE II RULES ARE A LITTLE VAGUE AS TO WHEN A CIRCUIT HAS A DIFFERENT INTERPRETATION ABOUT THE RULES ON ACCEPTING EVIDENCE THEN THE RULES ADOPTED BY THE SECOND, FOURTH, EIGHTH, NINTH AND TENTH CIRCUITS, SHOULD ALL CIRCUIT COURTS FOLLOW ONE RULE OF LAW WHEN IT DEALS WITH A FEDERAL PROGRAM?

SHOULD THE SUPREME COURT STEP INTO ANALYZE THE WAY THE LOWER COURTS APPLY THESE RULES DIFFERENTLY BECAUSE OF THIS BEING A FEDERAL PROGRAM? THIS MAKES FOR AN UNEVEN APPLICATION OF FEDERAL LAW (RULES), BEING THAT THE OUTCOME OF YOUR CASE IS DETERMINED BY YOUR AREA AND THE WESTERN DISTRICT COURT JUDGE MADE ERRORS IN MY CASE (TIMOTHY CHALFANT V. COMMISSIONER OF SOCIAL SECURITY) ENOUGH TO TRIGGER A REMAND FOR REVIEW?

Question Presented (AI Summary)

Whether the Social Security Administration and federal courts have to follow the same laws and rules that apply to all other litigants

Docket Entries

2019-03-18
Petition DENIED.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-25
Waiver of right of respondent Berryhill, Nancy A. to respond filed.
2019-01-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 25, 2019)

Attorneys

Berryhill, Nancy A.
Noel J. FranciscoSolicitor General, Respondent
Timothy S. Chalfant
Timothy S. Chalfant — Petitioner