Legal Opinion

Gutierrez v. Bowen

District Court, S.D. New York

Decided January 3, 1989No. 87 Civ. 0952 (MBM)PublishedCited by 5 opinions

1Opinion of the Court

OPINION AND ORDER

MUKASEY, District Judge.

Plaintiffs Maria and Ramon Gutierrez have sued under §§ 205(g) and 1631(c)(3) of the Social Security Act, as amended, 42 U.S.C. §§ 405(g) and 1383(c)(3) (1982 & Supp. Ill (1985)), to undo defendant Secretary of Health and Human Services’ determination that plaintiffs are not eligible for Supplemental Security Income (“SSI”) benefits because they have excess resources. Both sides now move for judgment on the pleadings, pursuant to Fed.R.Civ.P. 12(c). For the reasons set out below, I grant defendant’s motion, finding that the Secretary’s decision…

2Cases cited45 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  4. Morrissey v. BrewerSupreme Court of the United States · 1972
  5. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985

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3Cited by5 opinions

  1. Maria Gutierrez and Ramon Gutierrez v. Otis R. Bowen, M.D., Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1990
  2. Weaver ex rel. Weaver v. New York City Employees' Retirement SystemDistrict Court, S.D. New York · 1989
  3. Katz v. SullivanDistrict Court, E.D. New York · 1991
  4. Mines v. BowenDistrict Court, C.D. California · 1989
  5. Weaver v. NEW YORK CITY EMP. RETIREMENT SYSTEMDistrict Court, S.D. New York · 1989

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