Legal Opinion

Tomas Delgado v. Margaret H. Heckler, Secretary of Health and Human Services

Court of Appeals for the Ninth Circuit

Decided December 28, 1983No. 82-6000PublishedCited by 162 opinions

1Opinion of the Court

FERGUSON, Circuit Judge:

The Department of Health and Human Services (“HHS”) denied Tomas Delgado’s application for Supplemental Security Income (“SSI”) on the ground that he did not suffer from a “severe” impairment. Under recently adopted HHS regulations, such a determination automatically results in a denial of disability benefits. Delgado challenges the application of the regulations to the facts of his case. He also challenges the validity of the nonseverity regulation as inconsistent with the Social Security Act under which it was promulgated. We find that the Secretary’s finding of…

2Cases cited5 opinions

  1. Heckler v. CampbellSupreme Court of the United States · 1983
  2. Mack Hall, Sr. v. Secretary of Health, Education and WelfareCourt of Appeals for the Ninth Circuit · 1979
  3. Raul Benitez v. Joseph A. Califano, Secretary of Health, Education & Welfare, United States of AmericaCourt of Appeals for the Ninth Circuit · 1978
  4. Santise v. SchweikerCourt of Appeals for the Third Circuit · 1982
  5. Homer Rhodes v. Richard S. Schweiker, Secretary of the Department of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1981

3Cited by162 opinions

  1. Donald E. EMBREY, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1988
  2. Henry GALLANT, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1984
  3. Jacqueline W. DAVIS, Plaintiff-Appellant, v. Margaret M. HECKLER, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1989
  4. Hilsdorf v. Commissioner of Social SecurityDistrict Court, E.D. New York · 2010
  5. Edna Johnson v. Margaret M. Heckler, Secretary of Health and Human Services, DefendantCourt of Appeals for the Seventh Circuit · 1985

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