Legal Opinion

Ruth McMahon v. Joseph A. Califano, Jr., as Secretary of the United States Department of Health, Education and Welfare

Court of Appeals for the Second Circuit

Decided January 24, 1979No. 133, Docket 78-6086PublishedCited by 6 opinions

1Opinion of the Court

TIMBERS, Circuit Judge:

On this appeal from an order entered in the Eastern District of New York, Jack B. Weinstein, District Judge, on remand from the Supreme Court for further considera tion in light of its decision in Califano v. Jobst, 434 U.S. 47 (1977), the question presented is whether the Secretary of HEW has construed properly § 202(d)(6) of the Social Security Act, 42 U.S.C. § 402(d)(6) (1976) (the Act), so as to bar appellant permanently from re-entitlement to child’s disability insurance benefits simply because her spouse, now deceased, was not entitled to receive social security…

2Cases cited26 opinions

  1. Dandridge v. WilliamsSupreme Court of the United States · 1970
  2. Udall v. TallmanSupreme Court of the United States · 1965
  3. Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
  4. Johnson v. RobisonSupreme Court of the United States · 1974
  5. United States Department of Agriculture v. MorenoSupreme Court of the United States · 1973

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3Cited by6 opinions

  1. Downs v. District of Columbia Police & Firefighters Retirement & Relief BoardDistrict of Columbia Court of Appeals · 1995
  2. Lopez v. TerrellDistrict Court, S.D. New York · 2010
  3. Norman J. FIOLA, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1990
  4. Nike C. Jegart v. Kenneth S. Apfel, Commissioner, Social Security AdministrationCourt of Appeals for the Tenth Circuit · 1998
  5. Weiss v. SchweikerDistrict Court, S.D. New York · 1981

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