Legal Opinion

Lynn v. United States Department of Health & Human Services

District Court, S.D. New York

Decided April 5, 1984No. 82 Civ. 4532 (MP)PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM

MILTON POLLACK, Senior District Judge.

Plaintiff asserts claims under both the Social Security Act and the Constitution of the United States arising out of the determination by the Social Security Administration (the “SSA”) that it had made overpayments of child’s insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 401, et seq. Defendant SSA moved to dismiss the complaint under Rules 12(b)(1) and (2) of the Federal Rules of Civil Procedure. Decision on this motion was postponed until the SSA completed its redetermination of Lynn’s claim. As a redetermination…

2Cases cited7 opinions

  1. Blackmar v. GuerreSupreme Court of the United States · 1952
  2. Contemporary Mission, Inc. v. United States Postal Service, Angelo J. Gaetano, Richard P. Evans, John Does I, Ii, and IIICourt of Appeals for the Second Circuit · 1981
  3. Ellis v. BlumCourt of Appeals for the Second Circuit · 1981
  4. Jose F. Olivares v. Winston Martin, Director, San Antonio Development Corp.Court of Appeals for the Fifth Circuit · 1977
  5. Mercer v. BirchmanCourt of Appeals for the Second Circuit · 1983

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Medicare&medicaid Gu 35,941 Sandra Rose v. Stephen B. HeintzCourt of Appeals for the Second Circuit · 1986
  2. Dore v. SchultzDistrict Court, S.D. New York · 1984
  3. Travis v. Commissioner of Social SecurityDistrict Court, D. Connecticut · 2023

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