Legal Opinion
Gerstein v. Bowen
District Court, N.D. Illinois
Decided February 23, 1988No. 87 C 4111PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
PLUNKETT, District Judge.
There are two issues raised in this appeal from a final determination of the Secretary of the Department of Health and Human Services: (1) whether the Appeals Council may, pursuant to 20 C.F.R. § 404.988(b), reopen an Administrative Law Judge’s decision in favor of a claimant after the sixty-day period for review has passed; and (2) whether there is substantial evidence to support the Secretary’s determination that the claimant, Louis Gerstein, was not retired at any time until he reached the age of seventy, and thus not eligible for…
2Cases cited14 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Luther D. Mullen v. Otis Bowen, Secretary of Health and Human Services, Richard G. Shepherd v. Otis Bowen, Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 1986
- Gaynell McCuin v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1987
- Ethel M. Munsinger v. Richard Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Eighth Circuit · 1983
- Charles P. Cieutat v. Otis R. Bowen, M.D., Secretary of Health and Human Services, DefendantCourt of Appeals for the Fifth Circuit · 1987
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3Cited by5 opinions
- Gutierrez v. BowenDistrict Court, S.D. New York · 1989
- Joy HALE, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1991
- Koolstra v. SullivanDistrict Court, D. Colorado · 1990
- Hatfield v. BowenDistrict Court, W.D. Pennsylvania · 1988
- Mines v. BowenDistrict Court, C.D. California · 1989