Legal Opinion

Rose M. Smith v. Richard Schweiker, Secretary of the Dept. Of Health and Human Services

Court of Appeals for the Third Circuit

Decided March 5, 1982No. 81-2062PublishedCited by 24 opinions

1Opinion of the Court

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge.

1. Rose Mary Smith, a widow, applied for disability benefits pursuant to 42 U.S.C. § 402(e)(l)(B)(ii) (1976). The only issue concerning her entitlement to disability benefits is whether her medical condition constitutes a disability within the meaning of the Social Security Act, 42 U.S.C. §§ 423(d)(1)(A), (d)(2)(B) (1976) (the “Act”). The Secretary of the Department of Health and Human Services (“Secretary”) found that it did not. His determination was affirmed by a United States Magistrate and by the district court.

2. The question on…

2Cases cited12 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  3. Daniel P. Cotter v. Patricia Roberts Harris, Secretary of Health and Human ServicesCourt of Appeals for the Third Circuit · 1981
  4. Maria S. Rodriguez v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1981
  5. George Dobrowolsky v. Joseph A. Califano, Jr., Secretary, Health, Education, and WelfareCourt of Appeals for the Third Circuit · 1979

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3Cited by24 opinions

  1. Ethel TOLANY, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of U.S. Department of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1985
  2. Ruth Hansen v. Margaret M. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Tenth Circuit · 1986
  3. Michael Evosevich v. Consolidation Coal Company and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1986
  4. Holndoner v. SchweikerDistrict Court, N.D. Illinois · 1982
  5. Marilyn FINKELSTEIN, Appellee, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, AppellantCourt of Appeals for the Third Circuit · 1989

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