Legal Opinion
Ethel TOLANY, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of U.S. Department of Health and Human Services, Defendant-Appellee
Court of Appeals for the Second Circuit
Decided March 4, 1985No. 305, Docket 84-6156PublishedCited by 47 opinions
1Opinion of the Court
JON 0. NEWMAN, Circuit Judge:
Ethel Tolany appeals from the judgment of the District Court for the Southern District of New York (Abraham D. Sofaer, Judge) dismissing her complaint pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. Tolany sought review of a final determination of the Secretary of the Department of Health and Human Services (“Secretary”) denying her application for widow’s disability insurance benefits under the Social Security Act (“Act”). We conclude that Tolany’s application must be remanded to the Secretary for consideration of new evidence.
Background
Appellant…
2Cases cited10 opinions
- George MONGEUR, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1983
- Helene Marcus v. Joseph A. Califano, Jr., Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1979
- Ricardo De Leon v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1984
- James Decker v. Patricia Roberts Harris, Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1981
- City of New York v. HecklerCourt of Appeals for the Second Circuit · 1984
5 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Joan M. Jones v. Louis W. Sullivan, M.D., Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1991
- Maxine Clark v. Commissioner of Social SecurityCourt of Appeals for the Second Circuit · 1998
- Marilyn LISA, Plaintiff-Appellant, v. SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES OF the UNITED STATES, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1991
- Margarita TIRADO, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1988
- Esther Marcus v. Donna E. Shalala, Secretary of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1994
42 more not listed; retrieve them via the Exa API.