Legal Opinion

Monteiro v. Heckler

District Court, S.D. New York

Decided July 24, 1986No. 84 Civ. 1101 (SWK)PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

This case is before the Court on the parties’ cross-motions for judgment on the pleadings. Fed.R.Civ.P. 12(c). Plaintiff Fernando Monteiro seeks a reversal of the Secretary’s decision denying his application for Social Security Disability Insurance Benefits (DI). 42 U.S.C. § 423. The Secretary moves for affirmance, claiming the decision that plaintiff was capable of light work and thus not disabled is supported by substantial evidence.

LEGAL FRAMEWORK

A court’s role in reviewing a finding a disability is limited to an assessment of whether the…

2Cases cited7 opinions

  1. Elmer G. Berry v. Richard Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1982
  2. George MONGEUR, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1983
  3. Ferraris v. HecklerCourt of Appeals for the Second Circuit · 1984
  4. Vivian G. Schauer v. Richard Schweiker, in His Official Capacity as Secretary of the United States Department of Health and Human ServicesCourt of Appeals for the Second Circuit · 1982
  5. Angelica Rivera v. Patricia Roberts Harris, Secretary of Health, Education, and WelfareCourt of Appeals for the Second Circuit · 1980

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3Cited by1 opinion

  1. McGee v. BowenDistrict Court, N.D. Illinois · 1986

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