Legal Opinion

Marbury v. Matthews

District Court, W.D. New York

Decided July 1, 1977No. Civ. 75-509PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM and ORDER

ELFVIN, District Judge.

Plaintiff instituted this action pursuant to section 205(g) of the Social Security Act (“the Act”) as amended, 42 U.S.C. § 405(g), to obtain judicial review of an administrative decision of the Secretary of Health, Education and Welfare (“the Secretary”) which denied plaintiff’s claim for disability insurance benefits. The Secretary has answered and has moved for summary judgment or for dismissal pursuant to Fed.R. Civ.P. rule 12(b)(6).

On September 6, 1974 plaintiff applied for a period of disability and for disability insurance benefits, alleging…

2Cases cited14 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. Carl G. Underwood, (Social Security Account Number Tqv-Im-Bnsb v. Abraham A. Ribicoff, Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1962
  4. Thomas E. Depaepe, Sr. v. Elliot L. Richardson, Secretary, Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1972
  5. Marie Landess v. Casper W. Weinberger, Secretary of Health, Education and WelfareCourt of Appeals for the Eighth Circuit · 1974

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3Cited by5 opinions

  1. Flores v. Department of Health, Education & WelfareDistrict Court, S.D. New York · 1978
  2. Neumerski v. CalifanoDistrict Court, E.D. Pennsylvania · 1981
  3. Spena v. HecklerDistrict Court, S.D. New York · 1984
  4. Rosa v. Secretary of Health & Human ServicesDistrict Court, D. Massachusetts · 1982
  5. Chappell v. SchweikerDistrict Court, N.D. Georgia · 1983

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