Legal Opinion

Margarita TIRADO, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee

Court of Appeals for the Second Circuit

Decided March 10, 1988No. 608, Docket 87-6225PublishedCited by 168 opinions

1Opinion of the Court

CARDAMONE, Circuit Judge:

This is an appeal from the denial of disability benefits. The principal question before us is what disposition should be made when — after such a denial — the claimant for the first time on appeal presents new medical evidence to support her claim. We recognize, of course, that claimants ordinarily should have but one opportunity to prove entitlement to benefits, otherwise disability administrative proceedings would be an unending merry-go-round with no finality to administrative and judicial determinations. It is a truism nonetheless, that nothing is permanent except…

2Cases cited8 opinions

  1. Elmer G. Berry v. Richard Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1982
  2. Herbert Carroll v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1983
  3. Charles BAPP, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary Health and Human Services, Defendant-AppellantCourt of Appeals for the Second Circuit · 1986
  4. Hazel Cutler v. Caspar Weinberger, as Secretary of the Department of Health, Education and Welfare of the United States of AmericaCourt of Appeals for the Second Circuit · 1975
  5. Catherine SZUBAK, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, AppelleeCourt of Appeals for the Third Circuit · 1984

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3Cited by168 opinions

  1. Rosado v. SullivanDistrict Court, S.D. New York · 1992
  2. Detra Pollard v. William Halter, Commissioner of Social SecurityCourt of Appeals for the Second Circuit · 2004
  3. Joan M. Jones v. Louis W. Sullivan, M.D., Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1991
  4. Rolon v. Commissioner of Social SecurityDistrict Court, S.D. New York · 2014
  5. Marilyn LISA, Plaintiff-Appellant, v. SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES OF the UNITED STATES, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1991

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