Legal Opinion

32 soc.sec.rep.ser. 494, unempl.ins.rep. Cch 15908a Esther Marcus v. Louis v. Sullivan, M.D., Secretary of Health and Human Services

Court of Appeals for the Seventh Circuit

Decided February 21, 1991No. 89-2717PublishedCited by 59 opinions

1Opinion of the Court

CUMMINGS, Circuit Judge.

Plaintiffs-appellees represent a class of widows, widowers and surviving divorced spouses (“spouses”) who claim disability benefits under 42 U.S.C. § 402 of Title II of the Social Security Act (“Act”) and children who claim disability benefits under the Supplemental Security Income (“SSI”) program of Title XVI of the Act. These claimants argued below that the Secretary of Health and Human Services (“Secretary”) violates the Act by denying disability benefits without first assessing each claimant’s individual functional capacities. “Functional capacity” is most…

2Cases cited22 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. Bowen v. City of New YorkSupreme Court of the United States · 1986
  4. Weinberger v. SalfiSupreme Court of the United States · 1975
  5. Sullivan v. ZebleySupreme Court of the United States · 1990

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

3Cited by59 opinions

  1. Titus v. SullivanCourt of Appeals for the Eighth Circuit · 1993
  2. Dixon v. ShalalaCourt of Appeals for the Second Circuit · 1995
  3. Esther Marcus v. Donna E. Shalala, Secretary of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1994
  4. Dixon v. ShalalaCourt of Appeals for the Second Circuit · 1995
  5. Abbey v. SullivanCourt of Appeals for the Second Circuit · 1992

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

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