Legal Opinion
Moser v. Heckler
District Court, D. South Dakota
Decided March 1, 1984No. Civ. 83-4096PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
JOHN B. JONES, District Judge.
Before the Court is the Secretary’s motion to remand this Social Security appeal to the Department of Health and Human Services, based upon the Department’s inability to locate the transcript of the agency record which is required to be filed with the answer to claimant’s complaint pursuant to 42 U.S.C.A. § 405(g). Claimant Mos-er resists this motion and seeks an order awarding him interim benefits if the Secretary’s motion to remand is granted.
In a Memorandum Opinion and Order filed January 9, 1984, this Court denied claimant’s…
2Cases cited9 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- White v. MathewsCourt of Appeals for the Second Circuit · 1977
- Leonard Caswell v. Joseph A. Califano, Jr., Etc.Court of Appeals for the First Circuit · 1978
- Secretary of Health & Human Services v. DaySupreme Court of the United States · 1983
- Barnett v. CalifanoCourt of Appeals for the Second Circuit · 1978
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Cohen v. HecklerDistrict Court, S.D. New York · 1984