Legal Opinion
Ciccone v. Apfel
District Court, E.D. New York
Decided February 24, 1999No. 97 CV 3818PublishedCited by 3 opinions
1Opinion of the Court
ORDER
GERSHON, District Judge.
Plaintiff seeks a writ of mandamus pursuant to 28 U.S.C. § 1361 to prohibit the Appeals Council from reviewing and remanding the decision of an Administrative Law Judge (“ALJ”) to award him disability benefits. The Commissioner moves to dismiss plaintiffs complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), arguing that there is no basis for the issuance of a writ of mandamus and that the court lacks jurisdiction under 42 U.S.C. § 405(g) because plaintiff has failed to exhaust his “alternative” remedies.
Plaintiff injured his neck, back and hands…
2Cases cited13 opinions
- Heckler v. RingerSupreme Court of the United States · 1984
- Thomas Williams v. Louis W. Sullivan, M.D., Secretary of Health and Human ServicesCourt of Appeals for the Third Circuit · 1992
- Max CULBERTSON, Appellant, v. Donna E. SHALALA, Secretary of the Department of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1994
- Ellis v. BlumCourt of Appeals for the Second Circuit · 1981
- George Dietsch v. Richard Schweiker, as Secretary of the Department of Health and Human ServicesCourt of Appeals for the Second Circuit · 1983
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Thompson v. AstrueDistrict Court, S.D. New York · 2008
- Connecticut State Department of Social Services v. ThompsonDistrict Court, D. Connecticut · 2003
- Keesing v. ApfelDistrict Court, N.D. New York · 2000