No. 23-339

J. M. F. v. New Jersey Department of Treasury, Division of Pensions and Benefits

Lower Court: New Jersey
Docketed: 2023-10-02
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: administrative-hearing administrative-law burden-of-proof civil-rights credibility credibility-determination disability disability-benefits due-process first-amendment
Latest Conference: 2023-11-17 (distributed 2 times)
Question Presented (from Petition)

1. Whether ALJs violate the rule of law by depriving
petitioners of their disability pensions on credibility
grounds when petitioners have met their burden of
proof and the questioning of their credibility is based
on an ALJ 's unexplained "impression " and on a state
expert 's opinion not based on medical facts.

2. Whether state Appellate and Supreme Courts re
spectively deny petitioners due process of the law
when:
a. Affirming an ALJ 's Decision by making false
statements or failing to address petitioner 's Brief 's legal
points showing that the ALJ 's Decision wasn 't
based on cogent reasons.
b. Ignoring a petitioner 's request to investigate
a likely collusion between the Appellate Court
and the agency in an ongoing appeal and later
denying review of said court 's decision.

3. Whether state courts violate the First Amendment
when sealing records on the grounds that petitioner 's
privacy needs to be protected even though such privacy
does not overcome the strong presumption of public ac
cess to records and even though petitioner wants the
record unsealed in order to share it with the public.

Question Presented (AI Summary)

Whether ALJs violate the rule-of-law by depriving petitioners of their disability-pensions on credibility-grounds

Docket Entries

2023-11-20
Petition DENIED.
2023-11-01
DISTRIBUTED for Conference of 11/17/2023.
2023-10-20
Waiver of right of respondent New Jersey Department of Treasury to respond filed.
2023-10-02
Motion (23M3) for leave to file a petition for a writ of certiorari with the supplemenat appendix under seal Granted.
2023-07-12
MOTION (23M3) DISTRIBUTED for Conference of 9/26/2023.
2023-06-08
Motion (23M3) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2023-06-08
2023-02-24
Application (22A766) granted by Justice Alito extending the time to file until June 10, 2023.
2023-02-18
Application (22A766) to extend the time to file a petition for a writ of certiorari from April 13, 2023 to June 10, 2023, submitted to Justice Alito.

Attorneys

J. M. F.
Julia Maria Fernandez — Petitioner
New Jersey Department of Treasury
Jeffrey PadgettNew Jersey Office of the Attorney General,, Respondent