Legal Opinion
Claire Eiden v. Secretary of Health, Education and Welfare
Court of Appeals for the Second Circuit
Decided February 29, 1980No. 805, Docket 79-6149PublishedCited by 87 opinions
1Opinion of the Court
IRVING R. KAUFMAN, Chief Judge:
We reverse the judgment below and remand to the Secretary for further proceedings consistent with this opinion.
Once again we are compelled to reverse the Secretary’s determination that a claimant is not “disabled” within the meaning of 42 U.S.C. § 423(d)(1). Although the Secretary’s decision will be affirmed when it is supported by “substantial evidence,” id. § 405(g); Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971), we have repeatedly stated that when “no contradictory evidence is presented, a treating physician’s expert…
2Cases cited7 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Minnie Gold v. The Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1972
- Lionel J. Bastien v. Joseph P. Califano, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1978
- Hazel Cutler v. Caspar Weinberger, as Secretary of the Department of Health, Education and Welfare of the United States of AmericaCourt of Appeals for the Second Circuit · 1975
- Frieda Rosenberg v. Elliot Richardson, Secretary of Health, Education & WelfareCourt of Appeals for the Second Circuit · 1976
2 more not listed; retrieve them via the Exa API.
3Cited by87 opinions
- Moran v. AstrueCourt of Appeals for the Second Circuit · 2009
- Nina Green-Younger v. Joanne B. Barnhart, Commissioner of the Social Security AdministrationCourt of Appeals for the Second Circuit · 2003
- Herbert Carroll v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1983
- Walter E. Parker v. Patricia Roberts Harris, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1980
- Eugenio CRUZ, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1990
82 more not listed; retrieve them via the Exa API.