We are still discussing a recent U.S. Supreme Court decision about the Privacy Act and its waiver of sovereign immunity. The plaintiff sued a handful of federal agencies when his HIV status was made public; the agencies had shared information about him, including his...
Month: April 2012
Long-term disability application leads to privacy case, p. 3
The decision of the U.S. Supreme Court in a Privacy Act case has caused a stir among consumer advocates and in legal circles. The plaintiff accused the Federal Aviation Administration, the Social Security Administration and the United States Department of...
Social Security to stop issuing paper checks
By March 2013, Social Security will cease issuing paper checks to recipients. Individuals who receive Social Security, veterans' benefits, railroad pensions and disability payments will be required to receive their monthly benefits either by direct deposit or on a...
Long-term disability application leads to privacy case, cont.
We are picking up our discussion from earlier this month of a U.S. Supreme Court case that provoked some strong feelings for commentators. As we explained in our April 5 post, the case was brought by a man whose HIV status became public knowledge at the hands of the...
Long-term disability benefits at risk in Nortel bankruptcy
In the business world, there is an underlying tension between employees and investors. While neither will survive, much less thrive, without the other, budget considerations often come down to what's good for the investor or what's good for the employee. Right now,...
Court knocks SOX off contractors’ retaliation claim, p. 2
We are continuing our discussion of a case involving contract workers and the Sarbanes-Oxley Act of 2002. In a work-for-hire situation, an employee may often feel that he is serving two masters. In some circumstances, that is true. In others, however, the fact that...
New Compassionate Allowances Conditions for Social Security Disability
The Social Security Administration has added 52 new conditions to its list of Compassionate Allowances. The additions include neurological disorders, cancers, and rare diseases. Compassionate Allowances are conditions that the Social Security Administration has...
Court knocks SOX off contractors’ retaliation claim
A recent case heard in federal court raised some interesting issues about contract workers and the Sarbanes-Oxley Act of 2002. As more and more companies are hiring contractors for short-term and long-term assignments, they are finding themselves facing questions...
Potential False Claims Act violation justifies retaliation suit
A federal court has given a saleswoman the go-ahead for her retaliation claim against her former employer. The case is unusual, because the judge allowed the claim under the False Claims Act, even though the employee did not report the company to the government.In her...
Long-term disability application leads to Supreme Court privacy case p2
We are continuing our discussion of a recent U.S. Supreme Court decision. The case started with a man, HIV-positive and near death, applying for Social Security disability benefits. It ended with a majority decision that the Privacy Act does not allow damages for...