Salas v. Califano
N/AOUTCOME: US Ct of Appeals 10th Cir. required SSA to pay SSA
Salas v. Califano, 78-1759, 612 F.2d 480 (10th Cir. 1980). Challenge to SSA's refusal to accept pain as disabling and substantial evidence rule. Reversed and Remanded. Client's benefits awarded on rem ... and hearing; Fewel v. Chao U.S. District Ct. W.D. (9/3/02) No. C01-2038 RSL Challenge to U.S. DOL’s to failure to pay timely FECA Compensation Benefits. Plaintiff received $220,000.00 in retroactive compensation payments six weeks after filing plus future benefits of $6000 per month health care for life. Case dismissed for mootness/jurisdictional issue. In Re Delayo. New Mexico Supreme. Court (Dk# 12.402, (3/8/79). Challenge to State of New Mexico's failure to operate School Breakfast Program for low income children by Welfare Rights Group and Children's Nutrition Fund. NM Supreme Court Remanded. State agreed to participate in School Breakfast Program for 300,000 low income children in negotiated settlement. Clearinghouse Review, Nat. Cl. Legal Services #26,305 Vol. 13, No.2; Winkler v. DeBaca, NO. CV78-160 (D.N.M. 1979). Class action challenge to Welfare Dept. abusive practices in recoupment of overpayments. Consent Order –State agreed to give Miranda Warnings, Notice of Due Process Hearing to welfare recipients investigated for overpayments. Clearinghouse Review, Nat. Cl. Legal Services #26,307, Vol 13, No.2. Gutierrez v. Chapman, U.S. Dist. Ct., S.D. TX (1977). Classification challenge to Food Stamp Resource Rule. Consent Order/J. Garza. . . Resulted in placement of over 5,000 farm worker families on Food stamps in Texas. U.S.D;A. later adopted the rule on nationwide basis in 1979 providing food stamp eligibility for additional 100,000 families nationwide. Salazar v. Ramirez, 75-C152 (S.D. Tex. 1976). The Court held City of Alice, Texas, was not immune from liability under 42 USC 1983 for police misconduct. First case in state of Texas to hold municipalities liable for misconduct. Clearinghouse Review, Nat. Cl. Legal Services, No. 19,162, Vol. 10, No.6. 3D Parents' Group v. Tacoma School District No. 10 U.S. District Ct. Tacoma 1983. Class action Due Process challenge to TSD's mainstreaming of 2,000 special ed children without notice. Consent Order - 10/1/83. Tacoma School District reinstated special ed transportation programs and adopted new notice procedures: (Co-counsel Elizabeth Schott). Mitchell v. Reich, (CA 86-1962 PHX), U.S. Dist. Ct. D. AZ. (Arizona). Fifth Amendment Due Process challenge to Department of Labor's policies and practices.' Permanent injunction issued 2/19/92 despite preclusion of review language of 5 USC 8128 (b) requiring Department of Labor to follow specific rules and regulations when deciding compensation awards. On remand to agency Plaintiff awarded $775000.00 in back benefits. Hill v. Robert John Real Estate Co., Clark County Superior Court, No. 88¬2-02828-5. Whistleblower SLAPP suit against developer for First Amendment claims, retaliation,. abuse of process. Mediated settlement in favor of plaintiffs. Testimony before Washington State Senate on Whistleblower Bill. Fu v. Town of Clyde Hill, U.S. Dist. Ct. WD WA 1999 FHFL RPTR §16195. Town denied Adult Family Home (AFH) owner business permit necessary to open adult family home. Town’s Motion of Summary Judgment denied. Settled for $120,000 in damages.
