Legal Opinion

Koss v. Schweiker

District Court, S.D. New York

Decided February 22, 1984No. 81 Civ. 8034(CES)PublishedCited by 4 opinions

1Opinion of the Court

STEWART, District Judge:

Plaintiff Barry Koss brings this action to review a final determination of the Secretary of Health and Human Services (“Secretary”) in which his application for a period of disability and disability insurance benefits was denied. Plaintiff has moved for summary judgment and the Secretary has cross-moved for judgment on the pleadings. We conclude that the case must be remanded for further proceedings.

In July, 1972 plaintiff, now about thirty-one years old, was given an honorable discharge from the Navy after having served only an eight-month tour of duty. (Tr. 9.) Prior…

2Cases cited5 opinions

  1. Rodriguez v. CalifanoDistrict Court, S.D. New York · 1977
  2. Paul Chicager v. Joseph A. Califano, Jr., Secretary of Health, Education and WelfareCourt of Appeals for the Third Circuit · 1978
  3. Watts E. Davis v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Fifth Circuit · 1981
  4. Cassel v. HarrisDistrict Court, D. Colorado · 1980
  5. Gordon K. Shutt v. Secretary of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1974

3Cited by4 opinions

  1. Bradley Cardew v. Comm'r of Soc. Sec.Court of Appeals for the Sixth Circuit · 2018
  2. Alcaide v. Secretary of Health & Human ServicesDistrict Court, D. Puerto Rico · 1985
  3. Flint v. SullivanDistrict Court, D. Kansas · 1990
  4. Nazzaro v. CallahanDistrict Court, W.D. New York · 1997

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