Legal Opinion
Dan HAVAS, Plaintiff-Appellant, v. Otis BOWEN, Secretary of Health and Human Services, Defendant-Appellee
Court of Appeals for the Second Circuit
Decided October 31, 1986No. 1523, Docket 86-6090PublishedCited by 81 opinions
1Opinion of the Court
WINTER, Circuit Judge:
Once again we address an appeal from a denial of Social Security disability benefits by the Secretary of Health and Human Services on a factual record that implicates the so-called “treating physician” rule. Notwithstanding assurances that the Secretary adheres to this rule as his national policy, see Stieberger v. Bowen, 801 F.2d 29, 36 (2d Cir.1986), Schisler v. Heckler, 787 F.2d 76, 83 (2d Cir.1986), the record in the instant case discloses no awareness of that rule among the relevant Social Security Administration adjudicators. We therefore reverse and remand.
Dan…
2Cases cited15 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- George MONGEUR, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1983
- Ermano Valente v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1984
- Minnie Gold v. The Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1972
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3Cited by81 opinions
- Janine A. WAGNER, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1990
- Edwind F. PRATTS, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1996
- Johnson v. BowenCourt of Appeals for the Second Circuit · 1987
- Johnson v. BowenCourt of Appeals for the Second Circuit · 1987
- Zabala v. AstrueCourt of Appeals for the Second Circuit · 2010
76 more not listed; retrieve them via the Exa API.