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CASES
Since 1982, Mike Miskowiec has litigated a number of significant
cases concerning federal benefits, including Social Security
disability claims. The following listing of cases is provided to
show his experience.
The outcome of any particular case, however, depends on
the unique facts in the case and the law in effect at the time
of the court’s decision. Therefore, no expectation as to the
results to be achieved in any given case should be derived from
the outcomes listed below.
PUBLISHED
OPINIONS
Ex
Parte Griggs, 435 So.2d 103 (Ala.Civ.App.
1983): domestic relations court may not hold SSI recipient in
contempt for failure to pay child support where there is
insufficient evidence of ability to pay.
Hill v. Commissioner, 49 F.Supp.2d 865
(S.D.W.Va. 1999): SS Administrative Law Judge must consider the
claimant’s testimony concerning pain under proper legal
standards. “For the Court to make a determination when reviewing
whether the ALJ's decision is supported by substantial evidence,
the Court expects those below to conduct a full and intensive
review of the record. Justice and fairness demand nothing
less.”
Claypool v. Barnhart, 294 F.Supp.2d
829 (S.D.W.Va. 2003): attorney fee based on 25% contingent fee
upheld. “Indeed, the Court notes that Mr. Miskowiec is among the
most knowledgeable and successful Social Security claimants'
attorneys practicing before this Court, and claimants retaining
him receive extremely high-quality, effective and persistent
representation.”
CLASS
ACTIONS
Horstead v. Lyng, 1:88-cv-0330 (M.D.Ala.
1988): USDA enjoined from changing resource rules for the Food
Stamp Program.
Gill v. Hornsby, (M.D.Ala. 1990):
Consent Order entered regulating manner in which custodial
parent is notified of child support collected by DHS.
Crihfield v. Pantepinto:
Consent Order entered ensuring Food Stamp applicants the right
to apply for benefits at any time.
Boring v. Sullivan, 2:91-0429 (SDWVa.
1992): Consent Order entered requiring SSA to redetermine
denials between Jan. 1986 and June 1990.
Carter v. Willis-Miller, 1:91-cv-1240
(SDWVa. 1993): Consent Order entered prohibiting WVDHHR from
terminating Medicaid eligibility due to termination of SSI
benefits without determining whether claimant is eligible for
Medicaid on another basis.
Richardson v. Weston, 5:92cv0731 (SDWVa. 1995): Injunction
entered prohibiting inclusion of children’s income in
calculating Medicaid eligibility of parents and siblings.
Holcomb v. Panepinto, 01:93-cv-0062 (NDWVa.
1995): Consent Order entered requiring WV DHHR to determine
Medicaid eligibility based on disability within 90 days as
required by federal Medicaid regulations.
Lemasters v. Shalala, 2:96CV0102 (SDWVa.
1996): Consent Order entered requiring WVDHHR to calculate
nursing home Medicaid benefits to provide proper community
spouse allowance.
Woods v. Ohl, 2:97cv0469 (SDWVa. 1997):
Consent Order entered prohibiting WVDHHR from terminating
Medicaid eligibility to drug addicts and alcoholics while SSI
appeal is pending.
V.R. v.
Ohl, 3:98cv1176 (SDWVa 1999): Temporary injunction entered
prohibiting WVDHHR from including SSI benefits paid to a
representative payee as income for welfare benefits. State
statute later enacted making the prohibition permanent.
ARTICLES
The
New FmHA Appeals Process and the National Appeals Staff,
Clearinghouse Review, November 1990.
New
Federal Welfare Law, Appalachian
Heritage Magazine (Winter, 1997)
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