Legal Opinion

Spena v. Heckler

District Court, S.D. New York

Decided May 16, 1984No. 83 CIV 5725 (LBS)PublishedCited by 10 opinions

1Opinion of the Court

OPINION

SAND, District Judge.

Gabriele Spena brings this action to review a final determination of the Secretary of Health and Human Services (“the Secretary”) that plaintiff is not disabled for purposes of the Social Security Act (“the Act”) and therefore not entitled to disability insurance benefits and Supplemental Security Income. Defendant has moved for judgment on the pleadings under Fed.R.Civ.P. 12(c). For the following reasons, we deny defendant’s motion and remand the case to the Secretary.

FACTS

Gabriele Spena is 48 years old. He was born in Italy in 1936 where he completed four years…

2Cases cited17 opinions

  1. Elmer G. Berry v. Richard Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1982
  2. David Rutherford v. Richard S. Schweiker, Secretary of Health and Human Services, DefendantCourt of Appeals for the Second Circuit · 1982
  3. Helene Marcus v. Joseph A. Califano, Jr., Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1979
  4. William P. Wiggins v. Richard S. Schweiker, Secretary of the Department of Health and Human ServicesCourt of Appeals for the Eleventh Circuit · 1982
  5. Lionel J. Bastien v. Joseph P. Califano, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1978

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3Cited by10 opinions

  1. Rosado v. SullivanDistrict Court, S.D. New York · 1992
  2. Rivera v. SullivanDistrict Court, S.D. New York · 1991
  3. Fishburn v. SullivanDistrict Court, S.D. New York · 1992
  4. Abboud v. Commissioner of Social SecurityDistrict Court, E.D. New York · 2021
  5. Boynton v. KijakaziDistrict Court, E.D. New York · 2024

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