21 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,498 times 280 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 269,239 times 367 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,200 times 104 Legal Analyses
Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
Mathews v. Eldridge
424 U.S. 319 (1976) Cited 15,819 times 42 Legal Analyses
Holding that a procedure based on written submissions was adequate because it included safeguards against mistake including that the agency informed the recipient of its tentative assessment and the evidence supporting it and an opportunity was then afforded the recipient to submit additional evidence "enabling him to challenge directly the accuracy of information in his file as well as the correctness of the agency's tentative conclusions"
Goldberg v. Kelly
397 U.S. 254 (1970) Cited 4,962 times 3 Legal Analyses
Holding that due process rights attach to the deprivation of Government benefits
Greenberg v. Life Ins. Co. of Virginia
177 F.3d 507 (6th Cir. 1999) Cited 739 times
Holding that “a document not formally incorporated by reference or attached to a complaint may still be considered part of the pleadings” if the document “is referred to in the complaint and is central to the plaintiff's claim”
Brock v. Pierce County
476 U.S. 253 (1986) Cited 298 times 5 Legal Analyses
Holding that the Government's failure to observe a 120-day statutory deadline did not deprive it of authority under the statute
Crestview Parke Care Center v. Thompson
373 F.3d 743 (6th Cir. 2004) Cited 19 times
Upholding HHS's interpretative rule allowing ALJs to grant summary judgment without an in-person hearing
Robertson v. Colvin
CIVIL ACTION NO. 3:16-2113 (S.D.W. Va. Jun. 17, 2016) Cited 2 times
CIVIL ACTION NO. 3:16-2113 06-17-2016 KEVIN ROBERTSON, JENNY ROSE, and KATHY COLLINS, individually and on behalf of all others similarly situated, Plaintiffs, v. CAROLYN W. COLVIN, in her official Capacity as Acting Commissioner of the Social Security Administration, Defendant. ROBERT C. CHAMBERS, CHIEF JUDGE MEMORANDUM OPINION AND ORDER Pending before the Court is Plaintiffs' Motion for Preliminary Injunction. ECF No. 12. For the reasons set forth below, Plaintiffs' Motion is DENIED. I. Background
Martin v. Colvin
Civil No. 15-46-ART (E.D. Ky. Apr. 1, 2016) Cited 1 times
Civil No. 15-46-ART 04-01-2016 CHERYL MARTIN and ROBERT MARTIN, individually, and on behalf of all others similarly situated, Plaintiffs, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. Amul R. Thapar United States District Judge MEMORANDUM OPINION AND ORDER *** *** *** *** When the government suspects that it has been defrauded, it takes action. While the plaintiffs might not have perpetrated the alleged fraud in this case, they arguably benefited from it. Thus, the government
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 348,810 times 931 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 405 - Evidence, procedure, and certification for payments
42 U.S.C. § 405 Cited 157,222 times 34 Legal Analyses
Ruling out jurisdiction under 28 U.S.C. §§ 1331, 1346
Section 401 - Trust Funds
42 U.S.C. § 401 Cited 16,576 times 2 Legal Analyses
Filing No. 14 at 1
Section 1383 - Procedure for payment of benefits
42 U.S.C. § 1383 Cited 15,388 times
Adopting § 405(g)'s provisions for judicial review of Title XVI claims
Section 551 - Definitions
5 U.S.C. § 551 Cited 4,771 times 69 Legal Analyses
Adopting the definition set out in the APA
Section 554 - Adjudications
5 U.S.C. § 554 Cited 1,036 times 31 Legal Analyses
Granting authority to agencies to "issue a declaratory order to terminate a controversy or remove uncertainty."
Section 556 - Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision
5 U.S.C. § 556 Cited 903 times 14 Legal Analyses
Permitting agency decision based "on official notice of a material fact not appearing in the evidence in the record" provided that party is afforded, "on timely request, . . . an opportunity to show the contrary"
Section 404 - Overpayments and underpayments
42 U.S.C. § 404 Cited 860 times
Outlining procedure
Section 1320a-8 - Civil monetary penalties and assessments for subchapters II, VIII and XVI
42 U.S.C. § 1320a-8 Cited 33 times
In 42 U.S.C. § 1320a-8(l), Congress required the SSA's OIG to make this determination as to whether there is such a reason to believe fraud or similar fault was involved in a claimant's application for benefits.
Section 404.967 - Appeals Council review-general
20 C.F.R. § 404.967 Cited 533 times
Explaining that the Appeals Council "issues a decision" only after it grants review
Section 404.987 - Reopening and revising determinations and decisions
20 C.F.R. § 404.987 Cited 218 times
Requiring good cause

Perkins v. SSA

21 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

Holding that due process rights attach to the deprivation of Government benefits

Holding that “a document not formally incorporated by reference or attached to a complaint may still be considered part of the pleadings” if the document “is referred to in the complaint and is central to the plaintiff's claim”

Holding that the Government's failure to observe a 120-day statutory deadline did not deprive it of authority under the statute

Upholding HHS's interpretative rule allowing ALJs to grant summary judgment without an in-person hearing

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Ruling out jurisdiction under 28 U.S.C. §§ 1331, 1346

Filing No. 14 at 1

Adopting § 405(g)'s provisions for judicial review of Title XVI claims

Adopting the definition set out in the APA

Granting authority to agencies to "issue a declaratory order to terminate a controversy or remove uncertainty."

Permitting agency decision based "on official notice of a material fact not appearing in the evidence in the record" provided that party is afforded, "on timely request, . . . an opportunity to show the contrary"

Outlining procedure

In 42 U.S.C. § 1320a-8(l), Congress required the SSA's OIG to make this determination as to whether there is such a reason to believe fraud or similar fault was involved in a claimant's application for benefits.

Explaining that the Appeals Council "issues a decision" only after it grants review

Requiring good cause