Legal Opinion

Vivian G. Schauer v. Richard Schweiker, in His Official Capacity as Secretary of the United States Department of Health and Human Services

Court of Appeals for the Second Circuit

Decided April 12, 1982No. 401, Docket 81-6130PublishedCited by 283 opinions

1Opinion of the Court

KEARSE, Circuit Judge:

Plaintiff Vivian G. Schauer appeals from a judgment of the United States District Court for the Northern District of New York, Neal P. McCurn, Judge, affirming a final decision of the Secretary of Health and Human Services (the “Secretary”) that denied Sehauer’s application for disability insurance benefits on the ground that she had not proven disability within the pertinent time period. The appeal raises questions as to the proper allocation of the burden of proof with respect to the disability of a claimant at a time subsequent to a proven disability. Because we…

2Cases cited17 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  4. Walter E. Parker v. Patricia Roberts Harris, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1980
  5. Minnie Gold v. The Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1972

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3Cited by283 opinions

  1. Lester v. ChaterCourt of Appeals for the Ninth Circuit · 1995
  2. George MONGEUR, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1983
  3. Genier v. AstrueCourt of Appeals for the Second Circuit · 2010
  4. 50 soc.sec.rep.ser. 536, unempl.ins.rep. (Cch) P 15229b, 96 Cal. Daily Op. Serv. 2401, 96 Daily Journal D.A.R. 4034 James Lester v. Shirley S. Chater, Commissioner of the Social Security AdministrationCourt of Appeals for the Ninth Circuit · 1996
  5. Vincent v. HecklerCourt of Appeals for the Ninth Circuit · 1984

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