Legal Opinion
Janine A. WAGNER, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee
Court of Appeals for the Second Circuit
Decided June 22, 1990No. 1290, Docket 90-6023PublishedCited by 1,488 opinions
1Opinion of the Court
WINTER, Circuit Judge:
In this action under 42 U.S.C. § 405(g) (1982), plaintiff-appellant Janine Wagner sought to overturn the denial by the Secretary of Health and Human Services (“Secretary”) of disability benefits for the period between September 10, 1980 and August 12, 1983. Chief Judge McCurn upheld the Secretary’s decision. On appeal Wagner asserts that the Secretary and the district court failed to accord the proper weight to the opinion of her own doctor under the “treating physician rule.” We agree. Wagner’s physician has opined that the disabling symptoms he chronicled during the…
2Cases cited9 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- Ermano Valente v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1984
- Paul E. Dumas v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1983
- Anthony J. Dousewicz v. Patricia R. Harris, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1981
4 more not listed; retrieve them via the Exa API.
3Cited by1,488 opinions
- Ysabel Rosa v. John S. Callahan, Acting Commissioner of Social SecurityCourt of Appeals for the Second Circuit · 1999
- Albert Shaw v. Shirley S. Chater, as Commissioner of the Social Security AdministrationCourt of Appeals for the Second Circuit · 2000
- Ramona PEREZ, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security Administration, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1996
- Edwind F. PRATTS, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1996
- Rosado v. SullivanDistrict Court, S.D. New York · 1992
1,483 more not listed; retrieve them via the Exa API.