Legal Opinion

Fabel v. Shalala

District Court, D. New Jersey

Decided July 3, 1995No. Civ. A. No. 93-5160Published

1Opinion of the Court

OPINION

IRENAS, District Judge:

Claimant Jacqueline Fabel brought this action pursuant to 42 U.S.C. § 405(g) (1991) of the Social Security Act (the “Act”) for review of a final determination by the Secretary of Health and Human Services (“the Secretary”) denying her application for disability insurance benefits. Because the Court finds that the Social Security Ruling on which the Secretary relied to reach its conclusion is inconsistent with the plain language of the Act, the Secretary’s decision is reversed.

I. FACTUAL AND PROCEDURAL BACKGROUND

Claimant was born on April 13, 1938. (R. at 28) On…

2Cases cited15 opinions

  1. Udall v. TallmanSupreme Court of the United States · 1965
  2. Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
  3. Howard MULLIS, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Sixth Circuit · 1988
  4. Environmental Protection Agency v. National Crushed Stone Ass'nSupreme Court of the United States · 1980
  5. Friedberg v. SchweikerCourt of Appeals for the Third Circuit · 1983

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