Legal Opinion
Gallivan v. Apfel
District Court, W.D. New York
Decided March 28, 2000No. 6:99-cv-06058PublishedCited by 2 opinions
1Opinion of the Court
DECISION AND ORDER
LARIMER, Chief Judge.
INTRODUCTION
This is an action brought pursuant to 42 U.S.C. § 405(g) to review the final determination of the Commissioner of Social Security (“the Commissioner”) that plaintiff was not disabled under the Social Security Act, and therefore, was not entitled to disability benefits. Both plaintiff and the Commissioner have moved for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c). For the reasons outlined below, the Court finds that the Commissioner’s decision was not supported by substantial evidence and accordingly remands the matter for further…
2Cases cited29 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- Ysabel Rosa v. John S. Callahan, Acting Commissioner of Social SecurityCourt of Appeals for the Second Circuit · 1999
- Rita Schaal v. Kenneth S. Apfel, Commissioner of Social Security, 1 Dockets 96-6212, 96-6316Court of Appeals for the Second Circuit · 1998
- Elmer G. Berry v. Richard Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1982
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3Cited by2 opinions
- Pullum v. AstrueDistrict Court, W.D. New York · 2009
- Plaza v. Commissioner of Social SecurityDistrict Court, S.D. New York · 2020