Legal Opinion
Memoli v. Califano
District Court, S.D. New York
Decided December 21, 1978No. 77 Civ. 2987 (RLC)PublishedCited by 13 opinions
1Opinion of the Court
ROBERT L. CARTER, District Judge.
OPINION
This case involves a denial of social security disability benefits. Both parties have moved pursuant to Rule 12(c), F.R. Civ.P., for a judgment on the pleadings, the plaintiff demanding that the court order an award of the requested benefits, and the government seeking dismissal of the complaint. The question presented is whether the Secretary of Health, Education and Welfare, without the support of qualified medical evidence or opinion, may disregard medical proof presented by a claimant in the process of determining when a disability has terminated.…
2Cases cited14 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Minnie Gold v. The Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1972
- Philip Kerner v. Arthur S. Flemming, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1960
- Lionel J. Bastien v. Joseph P. Califano, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1978
- Hazel Cutler v. Caspar Weinberger, as Secretary of the Department of Health, Education and Welfare of the United States of AmericaCourt of Appeals for the Second Circuit · 1975
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Vivian G. Schauer v. Richard Schweiker, in His Official Capacity as Secretary of the United States Department of Health and Human ServicesCourt of Appeals for the Second Circuit · 1982
- Edwards v. Secretary of the Department of Health & Human ServicesDistrict Court, E.D. New York · 1983
- Magee v. CalifanoDistrict Court, W.D. New York · 1980
- Gyurko v. HarrisDistrict Court, D. Connecticut · 1980
- Rivers v. HecklerDistrict Court, S.D. New York · 1984
8 more not listed; retrieve them via the Exa API.