Legal Opinion
Bolling v. Bowen
District Court, W.D. Virginia
Decided March 17, 1988No. Civ. A. 87-0133-BPublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
GLEN M. WILLIAMS, District Judge.
This case is again before the court on defendants’s motion for relief from judgment. The court remanded the case because the Administrative Law Judge (ALJ) disregarded the “undisputed evidence of record coming from examining or treating physicians. See 20 C.F.R. § 404.944 (1987).” Defendant says the court has thus ruled “that the Secretary is required to accept Dr. Nelson’s findings as conclusive” and thereby “deprive[s] the Administrative Law Judge of his fact finding function.” The Secretary’s argument goes on to state that this…
2Cases cited11 opinions
- Arnita SMITH, Appellant, v. Richard S. SCHWEIKER, Secretary, Department of Health and Human Services, AppelleeCourt of Appeals for the Fourth Circuit · 1986
- Salen v. United States Lines Co.Supreme Court of the United States · 1962
- United States v. Archie W. BrawnerCourt of Appeals for the D.C. Circuit · 1972
- Vincent E. Jenkins v. United StatesCourt of Appeals for the D.C. Circuit · 1962
- United States Smelting Co. v. ParryCourt of Appeals for the Eighth Circuit · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hilda CRUM, Plaintiff-Appellee, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Sixth Circuit · 1990
- Billy BLANKENSHIP, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of the Department of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1989
- Robertson v. ConnorsCourt of Appeals for the Fourth Circuit · 1988
- Claireather M. WILKINS, Plaintiff-Appellant, v. SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1991
- Willis v. ChaterDistrict Court, W.D. Virginia · 1996
3 more not listed; retrieve them via the Exa API.