Legal Opinion

Penny v. Heckler

District Court, E.D. New York

Decided January 2, 1986No. CV 82-1100PublishedCited by 9 opinions

1Opinion of the CourtWexler, District Judge

Plaintiff Margaret Penny appealed to this Court from a decision of the Secretary of Health and Human Services (Secretary) terminating plaintiff’s Social Security disability benefits. 42 U.S.C. § 405(g). The Court reversed the Secretary’s determination and awarded benefits because the Secretary failed to apply the medical improve ment standard, DeLeon v. Secretary of Health and Human Services, 734 F.2d 930 (2d Cir.1984), and there was no evidence that Mrs. Penny’s condition had improved. Moreover, the Court concluded that under a de novo review standard there was not substantial evidence to…

2Cases cited8 opinions

  1. New York State Association for Retarded Children, Inc. v. Hugh L. Carey, Individually and as Governor of the State of New YorkCourt of Appeals for the Second Circuit · 1983
  2. Ricardo De Leon v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1984
  3. Mckittrick v. GardnerCourt of Appeals for the Fourth Circuit · 1967
  4. Ceglia v. SchweikerDistrict Court, E.D. New York · 1983
  5. Zimmerman v. SchweikerDistrict Court, E.D. New York · 1983

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Wells v. BowenCourt of Appeals for the Second Circuit · 1988
  2. O'Grady v. Secretary of the United States Department of Health & Human ServicesDistrict Court, E.D. New York · 1987
  3. Former Employees of BMC Software, Inc. v. United States Secretary of LaborUnited States Court of International Trade · 2007
  4. O'GRADY v. HecklerDistrict Court, E.D. New York · 1986
  5. Russo v. HecklerDistrict Court, E.D. New York · 1986

4 more not listed; retrieve them via the Exa API.

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