Legal Opinion

Juana DIAZ, Plaintiff-Appellee, v. Donna SHALALA, Secretary of the Department of Health & Human Services, Defendant-Appellant

Court of Appeals for the Second Circuit

Decided June 20, 1995No. 1263, Docket 94-6213PublishedCited by 419 opinions

1Opinion of the Court

JOSÉ A CABRANES, Circuit Judge:

We review a judgment of the United States District Court for the Eastern District of New York (Eugene H. Nickerson, Judge), reversing a final decision by defendant Secretary of Health and Human Services (“the Secretary”), who had found that plaintiff was not entitled to disability benefits under the Social Security Act. 855 F.Supp. 56 (E.D.N.Y.1994). This appeal presents .the question whether plaintiffs chiropractor qualified as a “treating physician” whose opinion warranted “controlling weight” or “binding effect” in evaluating plaintiffs claim for disability…

2Cases cited16 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  3. Elmer G. Berry v. Richard Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1982
  4. Paul E. Dumas v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1983
  5. Ferraris v. HecklerCourt of Appeals for the Second Circuit · 1984

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3Cited by419 opinions

  1. Burgess v. AstrueCourt of Appeals for the Second Circuit · 2008
  2. Clarence WALTERS, Plaintiff-Appellant, v. COMMISSIONER OF SOCIAL SECURITY, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1997
  3. Wayne R. Hartranft v. Kenneth S. Apfel, Commissioner Social Security AdministrationCourt of Appeals for the Third Circuit · 1999
  4. Patrick Balsamo v. Shirley S. Chater, Commissioner of Social SecurityCourt of Appeals for the Second Circuit · 1998
  5. Edwind F. PRATTS, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1996

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