Legal Opinion
Gecevic v. Secretary of Health and Human Services
District Court, E.D. New York
Decided April 3, 1995No. 1:93-cv-02792PublishedCited by 73 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
SEYBERT, District Judge.
This action is brought pursuant to 42 U.S.C. § 405(g) to review the final determination-of the Secretary of Health and Human Services (the “Secretary”) that denied plaintiffs application for disability insurance benefits under the Social Security Act (the “Act”). Both plaintiff and the Secretary have moved for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c). Plaintiff argues that the Secretary failed properly to apply the Second Circuit’s “treating physician rule” and, as a result, the Secretary’s decision is not based upon substantial…
2Cases cited33 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
- Elmer G. Berry v. Richard Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1982
- Janine A. WAGNER, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1990
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3Cited by73 opinions
- Dioguardi v. Commissioner of Social SecurityDistrict Court, W.D. New York · 2006
- Ryan v. AstrueDistrict Court, S.D. New York · 2014
- Hall v. ColvinDistrict Court, W.D. New York · 2014
- McClain v. BarnhartDistrict Court, S.D. New York · 2004
- Montanez v. BerryhillDistrict Court, W.D. New York · 2018
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