Deleted
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Post by Deleted on Oct 31, 2014 8:35:05 GMT -5
<object style="position: absolute; z-index: 1000;" id="plugin0" width="1" type="application/x-dgnria" height="1"><param name="tabId" value="{787104A2-B352-4370-9B8E-E3E2FB0B97C5}"></object>hence my prior posted conclusion:
"Mathematical Probability of Application <0"
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Post by luckylady2 on Oct 31, 2014 9:38:05 GMT -5
While I disagree that anything dealing with people and their health and welfare is merely math (we're all so terminally unique - just like everyone else ), the idea of consolidating appeals in the Federal Circuit is not a bad one at all. I know many US Dist Ct judges (and their staff attorneys) would not mind being relieved of that portion of their dockets at all. The location of the Fed Cir being only in DC might be more intimidating for the claimants that want to appeal. Of course one problem is that the Fed Cir is an Article I court, so the claimants are still stuck in having their rights adjudicated by the Executive Branch, with no check/balance review by an Article III court. And, the idea that the Fed Cir is any more consistent than any other collection of judges is a bit naive.
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senex
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Post by senex on Oct 31, 2014 13:21:03 GMT -5
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Post by luckylady2 on Oct 31, 2014 15:43:40 GMT -5
Ah - I had forgotten that they changed that when they changed it from part of the Court of Claims. Thanks!
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Deleted
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Post by Deleted on Oct 31, 2014 15:45:24 GMT -5
<object style="position: absolute; z-index: 1000;" id="plugin0" width="1" type="application/x-dgnria" height="1"><param name="tabId" value="{74D3431B-0D7B-42C5-B2FD-3C85F83B1133}"></object>The Court of Appeals Federal Circuit is an Article III court. (Been there)
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Post by luckylady2 on Oct 31, 2014 15:48:46 GMT -5
Of course, the Court of Federal Claims is still an Article I, and presumably an SSA ruling would be appealed there first, just like the appeals go to the district court level now.
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