Legal Opinion
Kathleen FITZGERALD, Appellant v. Kenneth S. APFEL Commissioner of Social Security
Court of Appeals for the Third Circuit
Decided June 8, 1998No. 97-1605PublishedCited by 32 opinions
1Opinion of the Court
OPINION OF THE COURT
ALITO, Circuit Judge:
Appellant Kathleen Fitzgerald appeals from the dismissal of her complaint against Kenneth S. Apfel, the Commissioner of Social Security, by the district court. The district court held that: it lacked subject matter jurisdiction over her claim for benefits; interim benefits were not authorized by statute; and Fitzgerald’s due process claim failed on the merits. On appeal, Fitzgerald argues that the district court erred in concluding that interim benefits are unavailable and that her due process claim failed to state a claim upon which relief could be…
2Cases cited12 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Bowen v. City of New YorkSupreme Court of the United States · 1986
- Florence BUSH, Plaintiff-Appellee, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Second Circuit · 1996
- Mary Ann Kelly v. Railroad Retirement BoardCourt of Appeals for the Third Circuit · 1980
- Gale R. JOHNSON, Plaintiff-Appellee, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1993
7 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Iwachiw v. MassanariCourt of Appeals for the Second Circuit · 2005
- Daniels v. CynkinDistrict Court, D. New Jersey · 2014
- Deanna English v. Social Security AdministrationCourt of Appeals for the Third Circuit · 2017
- Agcaoili v. ThayerCourt of Appeals for the Third Circuit · 2010
- Karen Tucker v. Secretary US Department of HeaCourt of Appeals for the Third Circuit · 2012
27 more not listed; retrieve them via the Exa API.