Legal Opinion

14 soc.sec.rep.ser. 301, unempl.ins.rep. Cch 16,883 Ernest S. Avery v. Secretary of Health and Human Services

Court of Appeals for the First Circuit

Decided July 16, 1986No. 86-1080PublishedCited by 622 opinions

1Opinion of the Court

COFFIN, Circuit Judge.

This appeal has been brought by six named plaintiffs, suffering from a variety of ailments, who allege that defendant Secretary of Health and Human Services failed to consider properly their subjective claims of pain when he evaluated their ability to engage in substantial gainful employment. Consequently, they allege, their disability benefits under both Title II (Social Security Disability Insurance — SSDI) and Title XVI (Supplemental Security Income — SSI) of the Social Security Act, 42 U.S.C. §§ 401-433, and §§ 1381-1385, were wrongfully terminated.

Plaintiffs’ first…

2Cases cited11 opinions

  1. Lorraine POLASKI, Et Al., Appellees, v. Margaret M. HECKLER, Secretary of Health and Human Services, AppellantCourt of Appeals for the Eighth Circuit · 1984
  2. Weinstein v. BradfordSupreme Court of the United States · 1975
  3. James HOWARD, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1986
  4. Marion GREEN, Appellant, v. Richard SCHWEIKER, Secretary, U.S. Department of Health and Human ServicesCourt of Appeals for the Third Circuit · 1984
  5. Autry R. HAND, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1985

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3Cited by622 opinions

  1. Glen W. WILLIAMS, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1988
  2. Victor J. Irlanda Ortiz v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1991
  3. Joseph T. FRUSTAGLIA, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, AppelleeCourt of Appeals for the First Circuit · 1987
  4. Luna v. BowenCourt of Appeals for the Tenth Circuit · 1987
  5. Raymond R. DA ROSA, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, AppelleeCourt of Appeals for the First Circuit · 1986

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