June 26, 2019

Tenth Circuit: Opinions, 9/28/10

The Tenth Circuit on Tuesday issued three published opinions and five unpublished opinions.

Published

In Raymond v. Astrue, the Court affirmed the district court’s denial of supplemental security income (SSI). Petitioner claimed he was entitled to such benefits as he was unable to work due to a number of maladies; the Respondent found that Petitioner failed to meet the threshold for such benefits and denied the application, which was affirmed by an ALJ. While Petitioner could not perform his past work, he was suited to work in such positions as a sales assistant or office helper, jobs of significant number in the national economy.

In Izzo v. Wiley, the Court affirmed the district court’s denial of Petitioner’s writ of habeas corpus. Petitioner was denied eligibility for the Bureau of Prisons’ Elderly Offender Home Detention Pilot Program (Pilot Program). To be eligible for the Pilot Program, the prisoner must be over the age of 65 and have served the greater of 10 years or 75% of the term of imprisonment to which the offender was sentenced. Contrary to Petitioner’s arguments, the Court found that the “term of imprisonment” refers to the term imposed by the sentencing court and does not consider good time credit.

In Oldenkamp v. United American Ins. Co., the Court affirmed the district court’s grant of summary judgment for Respondent insurance company regarding the bad faith claims alleged against them, and reversed the district court’s grant of summary judgment for Petitioners on breach of contract claims. Petitioners were denied coverage for surgery for their infant’s congenital defect; however, Oklahoma law allows for insurance companies to impose a waiting period for coverage of such pre-existing conditions, despite an earlier regulation which prohibited denial of coverage for congenital anomalies for dependent children.

Unpublished

Peay v. Murphy

United States v. Armstrong

Scott v. Green

Anderson v. Cline

Wideman v. State of Colorado

Print Friendly, PDF & Email

Speak Your Mind

*