Legal Opinion

Florence BUSH, Plaintiff-Appellee, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellant

Court of Appeals for the Second Circuit

Decided August 23, 1996No. 1295, Docket 95-6215PublishedCited by 132 opinions

1Opinion of the Court

CALABRESI, Circuit Judge:

This case, an ordinary social security disability claim, has been wandering up, down, and around the administrative and judicial systems for over ten years. It has now reached this Court for the first time. Because of its tortuous trajectory, we will spend a considerable amount of time describing the process that the plaintiff has received in the name of administrative efficiency and better service, those often used twin justifications of administrative decisionmaking. In the end, though, the case turns on whether a straightforward burden of evidence has been met, and…

2Cases cited4 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Jose Rivera v. Richard Schweiker, Secretary of the United States Department of Health and Human ServicesCourt of Appeals for the Second Circuit · 1983
  3. Robert L. GILLILAND, Appellant, v. Margaret HECKLER, Secretary of Health and Human ServicesCourt of Appeals for the Third Circuit · 1986
  4. Mary Ann Kelly v. Railroad Retirement BoardCourt of Appeals for the Third Circuit · 1980

3Cited by132 opinions

  1. Ellen Melville v. Kenneth S. Apfel, Commissioner of Social SecurityCourt of Appeals for the Second Circuit · 1999
  2. William E. Butts v. Jo Anne B. Barnhart, Commissioner of Social SecurityCourt of Appeals for the Second Circuit · 2005
  3. Calzada v. ASTUREDistrict Court, S.D. New York · 2010
  4. David A. Draegert v. Jo Anne B. Barnhart, Commissioner of Social SecurityCourt of Appeals for the Second Circuit · 2002
  5. Norman v. AstrueDistrict Court, S.D. New York · 2012

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