Legal Opinion
Carty v. Sullivan
District Court, W.D. Virginia
Decided April 27, 1990No. Civ. A. No. 86-0120-BPublished
1Opinion of the Court
MEMORANDUM OPINION
GLEN M. WILLIAMS, Senior District Judge.
The plaintiff has filed a motion to alter or amend this court’s order of March 27 granting summary judgment to the defendant. For the first time her counsel has raised the issue of whether the Administrative Law Judge (AU) erred in not considering Mrs. Carty’s residual functional capacity in determining whether she was eligible for benefits.
As the court stated in its memorandum opinion, a widow, to receive benefits, must demonstrate the presence of a disability under 42 U.S.C. § 423(d). Section 423(d)(2)(B) states that:
A widow ...…
2Cases cited11 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Sullivan v. ZebleySupreme Court of the United States · 1990
- Heckler v. CampbellSupreme Court of the United States · 1983
- James Decker v. Patricia Roberts Harris, Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1981
- City of New York v. HecklerCourt of Appeals for the Second Circuit · 1984
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