Legal Opinion
Gerstman v. Secretary of Health, Education & Welfare
District Court, W.D. New York
Decided June 6, 1977No. Civ-74-355PublishedCited by 10 opinions
1Opinion of the Court
CURTIN, Chief Judge.
This is the second time this case is in this court for review, under §§ 205(g) and 1869(b) of the Social Security Act, 42 U.S.C. §§ 405(g) and 1395ff(b)(l), of a final decision of the Secretary of Health, Education and Welfare [H.E.W.] denying plaintiff’s application under 42 U.S.C. § 1395c for hospital insurance benefits.
The pertinent facts are not in contention and can be briefly stated. Plaintiff entered the Carlton House Nursing Home on April 2, 1969 and received extended care services thereafter. In early July of that year, Irving Gerstman, plaintiff’s brother-in-law,…
2Cases cited9 opinions
- Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
- Social Security Board v. NierotkoSupreme Court of the United States · 1946
- Sylvia Haberman v. Robert H. Finch, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1969
- Frieda Rosenberg v. Elliot Richardson, Secretary of Health, Education & WelfareCourt of Appeals for the Second Circuit · 1976
- Fred P. Herbst v. Robert Finch, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1972
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Friedberg v. SchweikerCourt of Appeals for the Third Circuit · 1983
- 6 soc.sec.rep.ser. 142, Medicare&medicaid Gu 34,082 Rose Mayburg v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1984
- Friedberg v. SchweikerCourt of Appeals for the Third Circuit · 1983
- Levine v. Secretary of Health, Education & WelfareDistrict Court, W.D. New York · 1981
- Steinberg v. SchweikerDistrict Court, S.D. New York · 1982
5 more not listed; retrieve them via the Exa API.