Cushman v. Shinseki

Meanwhile, Mr. Cushman filed a civil action in the United States District Court for the District of Oregon regarding the denial of his social security disability claim.   The district court remanded Mr. Cushman’s case for further evaluation by the Social Security Office.   Mr. Cushman appealed to the United States Court of Appeals for the Ninth Circuit.   In April of 2006, [Read More…]

PHILIP E. CUSHMAN,Claimant-Appellant,v.ERIC K. SHINSEKI, Secretary of Veterans Affairs,Respondent-Appellee.Kevin A. Calia, Morrison & Foerster LLP, of San Francisco, California, argued for claimant-appellant.Martin F. Hockey, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Jeanne E. Davidson, Director, and Allison Kidd-Miller, Trial Attorney. Of counsel on the brief [Read More…]

… This Article concerns a recent and important development in the area of veterans‘ benefits determinations, one that has significant implications for both the practical workings of the process as well as for how we consider that system at a fundamental level. The CAVC‘s decisions may be appealed to the United States Court of Appeals for the Federal Circuit. In 2009, the Federal Circuit held in Cushman v. Shinseki  that applicants [Read More…]

United States Court of Appeals, Federal Circuit. Philip E. CUSHMAN, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee. No. 2008-7129. Decided: August 12, 2009 Before SCHALL, PLAGER, and PROST, Circuit Judges.Kevin A. Calia, Morrison & Foerster LLP, of San Francisco, California, argued for claimant-appellant. Martin F. Hockey, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of [Read More…]

THE NATIONAL LAW JOURNAL Marcia Coyle – September 1, 2009 Veterans, who often encounter lengthy delays and other obstacles in their pursuit of service-connected benefits, have a new constitutional right that may help them cut through some of the notorious, bureaucratic red tape inherent in the Department of Veterans Affairs’ claims process. The U.S. Court of Appeals for the Federal Circuit, in a little-noticed case [Read More…]