Legal Opinion
Graham v. Heckler
District Court, N.D. West Virginia
Decided November 14, 1983No. Civ. A. 83-0202-C(K)PublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
KIDD, District Judge.
This action was brought under the provisions of 42 U.S.C. § 405(g) and 28 U.S.C. § 1361 and is currently before the Court upon the defendant’s motion to dismiss or for summary judgment. The Secretary of Health and Human Services (hereinafter “Secretary” or “defendant”) says the Court lacks jurisdiction over her person and the claims presented.
The essential and underlying issue in this case is whether the Secretary can properly terminate social security disability benefits without any showing that the claimant’s condition has improved to the…
2Cases cited22 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Weinberger v. SalfiSupreme Court of the United States · 1975
- Blackwelder Furniture Company of Statesville, Inc. v. Seilig Manufacturing Company, Inc.Court of Appeals for the Fourth Circuit · 1977
- Califano v. JobstSupreme Court of the United States · 1977
- Manuel A. Miranda v. Secretary of Health, Education and WelfareCourt of Appeals for the First Circuit · 1975
17 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Hyatt v. HecklerDistrict Court, W.D. North Carolina · 1984
- Rhoten v. BowenCourt of Appeals for the Fourth Circuit · 1988
- Holden v. HecklerDistrict Court, N.D. Ohio · 1984
- Polaski v. HecklerDistrict Court, D. Minnesota · 1984
- Tustin v. HecklerDistrict Court, D. New Jersey · 1984
12 more not listed; retrieve them via the Exa API.