Expert: Michael Troy - 8/28/2007

Question
I am righting wondering if you can answer a question. I was injured and lost my hearing and the federal goverment awarded me 100% disability on doctors findings. I am now following thru in pursuing the ones that caused my injury and thus they are saying my injury isnt true. wouldnt that fall under res judicata them trying to retrial those facts my social security hearing was in front of a federal magistrate judge who deemed by doctors report I am 100% disabled. even though defendants were not part of social security hearing and ruling the facts were and united states goverment ruled I am and now they are wanting the united states goverment judge to rule on facts again if I am or not. And the united states was a defendant in last proceeding thus being res judicata. shouldnt all they be able to question is if they caused or not. not if I am or not. Thanks I know a complex question I have been doing lot research trying to find a case to the same. thanks David

Answer
Hi David,

Please keep in mind that I cannot provide specific legal advice in this forum regarding your case.  Such advice must come from an attorney licensed to practice in your jurisdiction with a more thorough knowledge of the fact and law surrounding your case.

However, generally speaking, a decision by a federal agency is not determinative for a court.  The defendants have a right to present their side of the case and to be heard by a judge.  The fact that Social Security has rulled on the disability can certainly be used as evidence in your case, but the court will still hear the other side's case and issue  a ruling.  Also, even if the other side had played some role in the original hearing, they still have the right to take the issue to court and have it heard there.  Agency rulings have not definitive precedential value.

Good Luck!

- Mike


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Please keep in mind that information in this forum is for informational purposes only.  It is not legal advice and does not constitute creation of an attorney client relationship.  Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.