Legal Opinion

Joan M. Kuzmin v. Richard Schweiker, Secretary of Health and Human Services

Court of Appeals for the Third Circuit

Decided August 18, 1983No. 82-5705PublishedCited by 84 opinions

1Opinion of the Court

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This is an appeal by a recipient of disability benefits from summary judgment for the Secretary of Health and Human Services who terminated her benefits after determining that her disability had ceased. Appellant contends that in a disability termination case, the Secretary must show medical improvement “to the point of ‘non-disability’ since the prior determination of the Secretary.” Brief for Appellant at 33. The Secretary contends that such a standard would be inappropriate under the statute and inconsistent with our recent holding in Torres v.…

2Cases cited11 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  3. Manuel A. Miranda v. Secretary of Health, Education and WelfareCourt of Appeals for the First Circuit · 1975
  4. Juanita M. Patti v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1982
  5. Edgar E. Simpson v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Eleventh Circuit · 1982

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

3Cited by84 opinions

  1. Karen Lambert v. Andrew SaulCourt of Appeals for the Ninth Circuit · 2020
  2. Alvin R. HARRELL, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1988
  3. John Chrupcala v. Margaret M. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Third Circuit · 1987
  4. Loza v. ApfelCourt of Appeals for the Fifth Circuit · 2000
  5. NEWHOUSE, Patricia, Appellant, v. HECKLER, Margaret, Secretary Department of Health and Human Services, AppelleeCourt of Appeals for the Third Circuit · 1985

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

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