Supreme Court Denies Cert
June 14, 2010
Author: Catherine M. Callery (Kate)| Louise M. Tarantino
The U.S. Supreme Court recently declined to review two disability claims arising from the Second Circuit Court of Appeals. On February 22, 2010, the Supreme Court denied certiorari in Lemay o/b/o KPD v. Astrue, 562 F.3d 503 (2d Cir. 2009). See --- S.Ct. ---, 2010 WL 596885 (U.S. Feb. 22, 2010). Advocates will recall that in Lemay, the Court of Appeals found that the plaintiff had made a knowing and intelligent waiver of her right to counsel.
The Supremes also denied certiorari in Encarnacion ex rel. George v. Astrue, 568 F.3d 72 (2d Cir. 2009) (“Encarnacion II”). See --- S.Ct. ----, 2010 WL 1265965 (U.S. April 3, 2010). In that case, the Second Circuit had rejected plaintiffs’ challenge to the SSA’s policy of preventing adjudicators from adding together less than marked limitations from separate domains and prohibiting SSA from adjusting the level of limitation in one domain to reflect the impact of limitations in other domains.
The decisions of the Court of Appeals, which are summarized in the Bulletin Board section of this newsletter, remain the law.
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