Legal Opinion

Rivera v. Sullivan

District Court, S.D. New York

Decided December 27, 1989No. 85 Civ. 6340 (JES)PublishedCited by 1 opinion

1Opinion of the Court

SPRIZZO, District Judge:

Plaintiff, Isabel Rivera, brought this action pursuant to §§ 205(g) and 1631(c)(3) of the Social Security Act, as amended, (“the Act”), 42 U.S.C. §§ 405(g) and 1383(c)(3) (1982 & Supp.1987), seeking review of a final decision of the Secretary of Health and Human Services (“the Secretary”). Both parties have filed cross-motions for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c), and the Court has reviewed the record and heard Oral Argument. For the reasons that follow, the Secretary’s motion is granted and the plaintiff’s motion is denied.

BACKGROUND

Plaintiff…

2Cases cited14 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. George MONGEUR, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1983
  3. Nicolo ARNONE, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1989
  4. Anthony J. Dousewicz v. Patricia R. Harris, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1981
  5. Bernice F. Stark v. Caspar W. Weinberger (Successor to Elliot Richardson)Court of Appeals for the Seventh Circuit · 1974

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3Cited by1 opinion

  1. Isabel RIVERA, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1991

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