No. 19-7296

In Re Gilbert M. Martinez

Lower Court: N/A
Docketed: 2020-01-15
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: abuse-of-discretion administrative-discretion administrative-law disability-benefits due-process evidence gerd medical-evidence property-tax-exemption rheumatoid-arthritis social-security social-security-administration-discretion social-security-disability
Latest Conference: 2020-05-21 (distributed 2 times)
Question Presented (from Petition)

Did the Social Security Administration abuse its discretion holding that plaintiff is ineligible for Social Security disability benefits after claimant provided sufficient evidence proving that he is disabled with Rheumatoid Arthritis and Gerd ?

Did the Department of Human Services abuse its discretion by arbitrarily denying petitioner interim cash assistance pending Social Security disability review?

Did The Commonwealth Court make a clear error of law holding that Article VIII Section II (b)(ii) of the Pennsylvania Constitution does not provide residents with property tax exemption that have a disability and or are economically burdened by poverty ?

Did the Common Wealth Court abuse its discretion by not finding that the trial court judge failed to Test the sufficiency of the cause for action for defendants motion of a demurrer which is confined to whether the complaint as alleged fails to state a cause of action?

Did the Berks County Pleas court abuse its discretion by denying plaintiffs motion to recuse where plaintiff averred a clear violation of his due process right which deprived plaintiff of being heard on the merits of the case?

Did the Eastern district court judge abuse his discretion by not affording petitioner a evidentiary hearing seeking an Order to show cause for property tax exemption before dismissing Plaintiffs lawsuit with prejudice?

Did the district court judge in a abuse of his discretion commit a clear error of law holding that res judicta bars petitioners property tax clams in federal court whereas I was deprived of being heard on the merits in the state courts and such State remedy was therefore not plain, speedy and efficient ?

Question Presented (AI Summary)

Did the Social Security Administration abuse its discretion holding that plaintiff is ineligible for Social Security disability benefits after claimant provided sufficient evidence proving that he is disabled with Rheumatoid Arthritis and Gerd?

Docket Entries

2020-05-26
Rehearing DENIED.
2020-05-05
DISTRIBUTED for Conference of 5/21/2020.
2020-04-01
Petition for Rehearing filed.
2020-03-09
Petition DENIED.
2020-02-20
DISTRIBUTED for Conference of 3/6/2020.
2020-02-14
Waiver of right of respondent United States to respond filed.
2019-12-30
Petition for a writ of mandamus and/or prohibition and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2020)

Attorneys

Gilbert Martinez
Gilbert M. Martinez — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent