Legal Opinion
Rivera v. Apfel
District Court, S.D. New York
Decided May 15, 2000No. 99 CIV 3945 AKHPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
HELLERSTEIN, District Judge.
The parties dispute, and I am asked to decide, whether, during remand to the Social Security Administration, I may award interim disability payments to the plaintiff, a minor child. I hold that I may, in the special circumstances presented by this case. My holding is contrary to decisions of the Fourth and Tenth Circuit Courts of Appeals, but is consistent with decisions in this Circuit, the statutory purpose, and basic principles of equity.
Plaintiff has appealed from an order of the Commissioner of Social Security which held that the plaintiff,…
2Cases cited16 opinions
- Ramona PEREZ, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security Administration, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1996
- Hamilton Watch Co. v. Benrus Watch Co., IncCourt of Appeals for the Second Circuit · 1953
- Domingo Echevarria v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1982
- Harris v. ApfelCourt of Appeals for the Fifth Circuit · 2000
- Heckler v. DaySupreme Court of the United States · 1984
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3Cited by3 opinions
- Colon v. ApfelDistrict Court, S.D. New York · 2001
- McClain v. BarnhartDistrict Court, S.D. New York · 2002
- Hoffman v. ApfelDistrict Court, N.D. Iowa · 2000