Legal Opinion
Willow v. Sullivan
District Court, W.D. New York
Decided March 28, 1990No. CIV-88-1253TPublishedCited by 3 opinions
1Opinion of the Court
DECISION AND ORDER
TELESCA, Chief Judge.
INTRODUCTION
Plaintiff commenced this action pursuant to 42 U.S.C. § 405(g) to review the Secretary's decision to grant disability benefits effective January 1985 rather than May 1977 as requested by plaintiff.
The Secretary moves to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b) for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted. The plaintiff has cross-moved for summary judgment, pursuant to Fed.R.Civ.P. 56. For the reasons discussed below, the Secretary’s motion to dismiss the complaint is…
2Cases cited12 opinions
- Califano v. SandersSupreme Court of the United States · 1977
- Bowen v. City of New YorkSupreme Court of the United States · 1986
- Osmund McGowen v. Patricia R. Harris, Secretary of Health and Human ServicesCourt of Appeals for the Fourth Circuit · 1981
- Felix JELINEK, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1985
- Jose A. TORRES, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, AppelleeCourt of Appeals for the First Circuit · 1988
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3Cited by3 opinions
- Dixon v. ChaterDistrict Court, E.D. New York · 1997
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- Piscopo v. SHHSCourt of Appeals for the First Circuit · 1994