Legal Opinion
Posnack v. Secretary of Health & Human Services
District Court, E.D. New York
Decided March 14, 1986No. 84 CV 4042PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
PLATT, District Judge.
This case is before the Court on the motion of the defendant Secretary for judgment on the pleadings, pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. The plaintiff seeks a waiver of the recovery of an overpayment of benefits and has filed a memorandum of law in opposition to the defendant’s motion. For the reasons set forth below, defendant’s motion is granted but any recovery of over-payments shall proceed in accordance with the instructions in this Order.
I. Background
Plaintiff, Mildred Posnack, is a woman in her late seventies who is…
2Cases cited11 opinions
- Ermano Valente v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1984
- Sandra L. Milton v. Patricia Roberts Harris, Secretary of Health, Education and WelfareCourt of Appeals for the Seventh Circuit · 1980
- Clemens R. Sierakowski v. Caspar Weinberger, Secretary of Health, Education and WelfareCourt of Appeals for the Sixth Circuit · 1974
- Ruth Harrison v. Margaret H. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1984
- Schweiker v. RosofskySupreme Court of the United States · 1982
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3Cited by4 opinions
- Rose v. Commissioner of Social SecurityDistrict Court, E.D. New York · 2016
- Edward P. McConnell v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Tenth Circuit · 1993
- Setian v. ApfelDistrict Court, D. Massachusetts · 2000
- DeSoye v. Commissioner of Social SecurityDistrict Court, S.D. New York · 2021