Legal Opinion

Lugo v. Gardner

District Court, S.D. New York

Decided April 25, 1966No. 65 Civ. 1859PublishedCited by 3 opinions

1Opinion of the Court

FRANKEL, District Judge.

Plaintiff sues under Section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), for review of an administrative decision denying his claim under Sections 216(i) and 223, 42 U.S.C. §§ 416(i) and 423,1 for disability *722insurance benefits. The Secretary, having filed the administrative record in accordance with the statute, has moved for judgment on the pleadings. Plaintiff, while he makes no cross-motion, attacks the agency’s ruling as arbitrary, capricious, and unsupported by the requisite substantial evidence. The opposing submissions are sufficient to…

2Cases cited12 opinions

  1. Clistie Bell Thomas v. Anthony J. Celebrezze, Secretary of the Department of Health, Education, and WelfareCourt of Appeals for the Fourth Circuit · 1964
  2. Philip Kerner v. Arthur S. Flemming, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1960
  3. Andrew C. Mark v. Anthony J. Celebrezze, Secretary of Health, Education and WelfareCourt of Appeals for the Ninth Circuit · 1965
  4. Shirley A. Ber v. Anthony J. Celebrezze, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1964
  5. William T. Miracle v. Anthony J. Celebrezze, Secretary of Health, Education, and WelfareCourt of Appeals for the Sixth Circuit · 1965

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3Cited by3 opinions

  1. Odella PRESTON, Appellant, v. Margaret M. HECKLER, Secretary, Department of Health and Human Services, AppelleeCourt of Appeals for the Fourth Circuit · 1985
  2. Thomas v. AstrueDistrict Court, S.D. New York · 2009
  3. Rosa v. WeinbergerDistrict Court, E.D. New York · 1974

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