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Case Breakdown: Nunez v. Commissioner of Social Security
When an ALJ acknowledges “moderate limitations” in areas like attention and attendance, but then crafts an RFC with no actual restrictions on staying on task or consistent attendance , the Second Circuit isn’t buying it. This decision is a must-read for anyone handling mental-health disability claims. ⚖️ The Big Picture In Nunez , the Second Circuit vacated the denial of benefits because the ALJ’s RFC failed to translate recognized limitations into meaningful functional res


Caring for Aging Parents
Why Family Caregiving Often Brings Out the Worst in Siblings Caregiving responsibilities tend to fall unevenly among siblings. Old resentments, favoritism, and childhood dynamics often resurface. Stress, unclear expectations, and emotional pressure amplify conflict. Families are often shocked when long-buried issues reappear during caregiving. Your Children Are Watching — and Learning Children observe how their parents interact with siblings during eldercare. They internalize


When "Verbal Recording" Isn't Enough
You know who gets genuinely excited about a good transferable skills analysis? This girl right here. And let me tell you, I've got a fresh-off-the-press Tenth Circuit remand that deserves a permanent spot in your Social Security litigation toolkit. The Case: Morgan v. Commissioner, SSA , No. 24-8085 (10th Cir. Oct. 9, 2025) Meet Rose Morgan. She spent 14 years as a buyer for the Wyoming Department of Transportation—not exactly a walk in the park. Her job involved soliciting b


Preventing Family Conflict Through Estate Planning
We all know the holiday “White Elephant” game—the stealing, swapping, joking, and occasional grudge. But when the “gifts” are real assets like a classic car, a family cabin, or heirloom jewelry, and there are no rules, no referee, and no laughs afterward, the result isn’t fun—it’s conflict. Without a proper estate plan: No one knows who is supposed to get what Verbal promises hold no legal weight Hurt feelings, confusion, and resentment grow Family tensions — sometimes old on


Guiding Holiday Talks About Death, Money, and Legacy Planning
The holidays bring family together—a perfect time for warmth, connection, and meaningful conversations. They’re also an occasion to address important, sometimes difficult topics that many people avoid: what happens when you die, how your loved ones will be cared for, and how to preserve your legacy. This season offers an opportunity to talk with intention and love. Below, you’ll learn how to shift your mindset, open heartfelt conversations, and turn your discussions into mean


Ninth Circuit Clarifies Malingering & Reopening Requests
Every so often, the Ninth Circuit drops a decision that brings home the realities of Social Security disability litigation— Phillips v. Bisignano is one of those. Key Takeaways: What You Need to Know Phillips asked the ALJ to reopen a prior application. But without a solid due process argument or “good cause” under § 404.911(b) , the Ninth Circuit rejected the request. The ALJ discounted multiple medical opinions (from Eastman, Wingate, Jaura, Fernandez, Marshall) because


When You’re Ready to Plan Your Estate but Your Spouse Isn’t
It’s normal for one partner to be enthusiastic about estate planning while the other hesitates. Understanding the root causes of resistance can help you approach the conversation more thoughtfully. Common reasons for resistance: Fear of mortality. Talking about illness or death can feel uncomfortable or unlucky. Perceived cost or complexity. Some assume estate planning is overly expensive or only for the wealthy. Control or trust issues. Concerns about losing control over mon


Key Lessons from Mattison v. Astrue
When it comes to children applying for SSI (Supplemental Security Income) benefits, the Social Security Administration’s (SSA) Listing of Impairments (20 C.F.R. Pt. 404, Subpt. P, Appx. 1) is often the first and most critical checkpoint. But what happens when a child’s condition doesn’t neatly meet those listing criteria? The 2013 Ninth Circuit case Mattison ex rel. K.A. v. Astrue offers important lessons on how SSA evaluates childhood disability — and how attorneys should


Zuniga v. Commissioner of Social Security
It’s that time of year when few court decisions are issued, the quiet stretch after the holidays. Yet, on December 26, 2019 , the Ninth Circuit Court of Appeals released an important ruling in Zuniga v. Commissioner of Social Security , a case that continues to shape how Social Security disability appeals are reviewed. Let’s break it down. 👇 Background of the Case Zuniga appealed the denial of her Social Security disability benefits after two remands from the district cour


Estate Planning for Military Families
Each year on November 11, the nation pauses to honor the courage and sacrifice of those who’ve served in the Armed Forces. Beyond the ceremonies and flags, Veterans Day offers military families a meaningful opportunity to reflect on a vital question: Is your family truly protected if something happens to you? If you’ve served or are part of a military family, your planning needs go far beyond standard estate documents. From coordinating military benefits to preparing for depl


Ninth Circuit Reaffirms ALJ Discretion in Putz v. Bisignano
The Ninth Circuit’s decision in Putz v. Bisignano (October 28, 2025) doesn’t change the law—but it reinforces what the court continues to expect when reviewing ALJ reasoning in Social Security disability cases. Case Background The claimant, Putz, appealed the denial of disability benefits. Both the district court and the Ninth Circuit affirmed the ALJ’s decision.The familiar issues included: Evaluation of medical opinions Symptom testimony Lay witness statements Residual Fun


Case Analysis: Arce v. Commissioner
In Arce v. Commissioner , the Eleventh Circuit addressed an important issue regarding the assessment of a claimant’s Residual Functional Capacity (RFC) in Social Security disability cases. Ivette Arce appealed the denial of her disability claim, arguing that the Administrative Law Judge (ALJ) failed to properly consider her non-severe mental limitations when determining her RFC. RFC Assessment and Non-Severe Mental Limitations The Eleventh Circuit emphasized that an ALJ must


How to Protect Your Family’s Wealth for Generations
Many families focus on building wealth, but fewer think about keeping it. Studies show that most wealthy families lose their wealth by the second generation, and nearly 90% by the third. This happens not because of lack of love or effort, but because key planning elements are missing. Preserving wealth isn’t only about legal documents or investments—it’s about mindset, structure, and education. In this article, you’ll learn how to: Shift your mindset from inheritance to legac


11th Circuit Upholds ALJ’s Evaluation in Ohneck v. Commissioner
On December 28, 2023, the Eleventh Circuit affirmed the district court’s decision in Ohneck v. Commissioner of Social Security . This case provides key insight into how appellate courts evaluate treating physicians’ opinions and the preservation of issues on appeal. ⚖️ Preservation of Arguments on Appeal Ohneck argued that she had properly preserved her challenges regarding the Administrative Law Judge’s (ALJ) evaluation of her treating physician’s opinion. She claimed she wa


Tenth Circuit Clarifies Disability Standards in Espinoza Social Security Appeal
In Espinoza v. Commissioner of Social Security (April 16, 2024), the Tenth Circuit Court of Appeals reviewed a denial of Social Security disability benefits. Ms. Espinoza had appealed after the Social Security Appeals Council refused her request for review. The district court upheld the Commissioner’s decision, prompting her appeal to the Tenth Circuit. Key Facts: The case focused on whether the Administrative Law Judge (ALJ) applied proper legal standards. The Tenth Circuit


Estate Planning for Unmarried Couples
You’ve built a life with someone you love — sharing a home, experiences, and finances — but without legal marriage, the law doesn’t automatically recognize your relationship. If something happens to you, your partner could be left without legal rights to your property, finances, or even medical decisions. This guide explains why unmarried couples face unique legal risks, how to protect each other, and how a Legacy Planning Session ensures your wishes are honored, no matter wh


Tenth Circuit Affirms SSI Denial in Harrison Case
The Tenth Circuit Court of Appeals issued an affirmance in Harrison v. Commissioner of Social Security on April 29, 2024. This case illustrates how courts review Social Security disability determinations under the substantial evidence standard. Case Overview Ms. Harrison applied for Supplemental Security Income (SSI) on February 23, 2018. After initial and reconsideration denials, she appeared before an Administrative Law Judge (ALJ). Despite her diagnoses—including ADHD, de


Ninth Circuit Upholds ALJ in Blanchard v. Bisignano
The Ninth Circuit recently affirmed the denial of disability benefits in Blanchard v. Bisignano , providing a helpful refresher on how courts evaluate subjective symptom testimony, conflicting medical opinions, and vocational expert (VE) evidence under the substantial evidence standard. Overview of the Case Blanchard alleged disabling physical and cognitive limitations following a car accident. The Administrative Law Judge (ALJ) was not fully persuaded—and the Ninth Circuit a


Estate Planning Awareness Week
October 20–26, 2025, is Estate Planning Awareness Week —a national observance encouraging Americans to consider what will happen to their loved ones and assets after they pass away. Estate planning isn’t just about creating documents like wills, trusts, or powers of attorney—it’s about love, protection, and peace of mind . Yet despite its importance, most Americans are unprepared. A 2024 survey revealed that only 32% of Americans have a will , a 6% decline from the prior year


Eighth Circuit Remand: Littrell v. O'Malley Breakdown
Before diving into the details, a quick shout-out to Jennifer Van Fossan and Dennis Fox for their excellent work on Littrell v. O'Malley , issued on October 4, 2024. This case brought an interesting split in the Eighth Circuit — complete with a dissenting opinion! Background of the Case Littrell appealed the denial of her Supplemental Security Income (SSI) benefits. Her main argument? The Administrative Law Judge (ALJ) didn’t properly consider her chronic back and knee pain.
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