Mathis v. Shulkin

Petition for certiorari denied on June 26, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-677 Fed. Cir. N/A N/A N/A N/A OT 2016

Issue: Whether the U.S. Court of Appeals for the Federal Circuit erred by creating a presumption of competency for all U.S. Department of Veterans Affairs medical evaluators, (including physician assistants, nurses and other non-physician health practitioners) to provide an expert opinion on any medical issue, thereby placing the burden on disabled veteran claimants, most of whom are pro se and many of whom suffer “from very significant psychiatric and physical disabilities,” to rebut the presumption by raising a competency objection, by ascertaining evidence of the evaluator’s lack of qualifications, and then by articulating specific reasons in support of the competency challenge.

SCOTUSblog Coverage

DateProceedings and Orders
Nov 15 2016Petition for a writ of certiorari filed. (Response due December 22, 2016)
Nov 28 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Dec 15 2016Order extending time to file response to petition to and including January 23, 2017.
Dec 22 2016Brief amici curiae of Law School Veterans Clinics and Attorneys filed.
Dec 22 2016Brief amicus curiae of Disabled American Veterans filed.
Dec 22 2016Brief amicus curiae of The Federal Circuit Bar Association filed.
Dec 22 2016Brief amicus curiae of Paralyzed Veterans of America filed.
Dec 22 2016Brief amici curiae of National Organization of Veterans Advocates, Inc., et al. filed.
Jan 12 2017Order further extending time to file response to petition to and including February 22, 2017.
Feb 22 2017Order further extending time to file response to petition to and including April 7, 2017.
Apr 5 2017Order further extending time to file response to petition to and including May 8, 2017.
May 4 2017Order further extending time to file response to petition to and including May 10, 2017.
May 10 2017Brief of respondent David J. Shulkin, Secretary of Veterans Affairs in opposition filed.
May 24 2017Reply of petitioner Freddie H. Mathis filed.
May 30 2017DISTRIBUTED for Conference of June 15, 2017.
Jun 19 2017DISTRIBUTED for Conference of June 22, 2017.
Jun 26 2017Petition DENIED. Statement of Justice Sotomayor respecting the denial of certiorari. (Detached). Justice Gorsuch, dissenting from denial of certiorari. (Detached Opinion).
 
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