Legal Opinion
WHARTON ON BEHALF OF WHARTON v. Bowen
District Court, E.D. New York
Decided April 12, 1989No. 84 CV 3851Published
1Opinion of the Court
MEMORANDUM AND ORDER
McLAUGHLIN, District Judge.
This is an action brought under Section 205(g) of the Social Security Act, as amended (“Act”), 42 U.S.C. § 405(g), for judicial review of a final determination of the Secretary of Health and Human Services (“Secretary”) which denied the plaintiffs motion to reverse a previous decision of the Secretary. Both the plaintiff and the defendant move for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c).
FACTS
On September 12, 1978, Jesus Manual Wharton, the deceased wage earner (“DWE”) was shot to death in Brooklyn, New York (Tr. 142). His wife,…
2Cases cited7 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- Jimenez v. WeinbergerSupreme Court of the United States · 1974
- Angelica Rivera v. Patricia Roberts Harris, Secretary of Health, Education, and WelfareCourt of Appeals for the Second Circuit · 1980
- Devlin Adams, by Rossini Adams, His Parent and Natural Guardian v. Caspar Weinberger, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1975
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