Legal Opinion
Ella M. DAVIS, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee
Court of Appeals for the Sixth Circuit
Decided February 13, 1989No. 87-6372PublishedCited by 66 opinions
1Opinion of the Court
RYAN, Circuit Judge.
Ella Davis appeals the district court’s decision affirming the Secretary’s determination to deny her survivor’s insurance benefits based upon the account of her deceased husband. The Secretary denied Davis’ application because he concluded her claim was governed by 20 C.F.R. § 404.305(b) (1987), which precludes the payment of survivor’s benefits on the earnings record of an insured deceased if the survivor has been “convicted of a felony or an act in the nature of a felony of intentionally causing [the insured’s] death.”
The issue in this case is whether Davis’ conviction…
2Cases cited10 opinions
- United States v. NixonSupreme Court of the United States · 1974
- Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
- Federal Election Commission v. Democratic Senatorial Campaign CommitteeSupreme Court of the United States · 1981
- Federal Trade Commission v. Indiana Federation of DentistsSupreme Court of the United States · 1986
- Emma Powderly v. Richard S. Schweiker, Secretary of the Department of Health and Human Services, and Donald T. Regan, Secretary of the TreasuryCourt of Appeals for the Ninth Circuit · 1983
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3Cited by66 opinions
- Kathleen O'Donnell v. Andrew SaulCourt of Appeals for the Seventh Circuit · 2020
- Kevin Bubnis v. Kenneth Apfel, Commissioner of Social SecurityCourt of Appeals for the Second Circuit · 1998
- Ralph Stroup v. Jo Ane B. BarnhartCourt of Appeals for the Eleventh Circuit · 2003
- Hall v. SebeliusDistrict Court, District of Columbia · 2009
- Wolf Creek Collieries v. Olga Robinson and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Sixth Circuit · 1989
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