Legal Opinion

Schisler v. Sullivan

Court of Appeals for the Second Circuit

Decided August 23, 1993No. Nos. 786, 909, 773, 900, Docket 92-6232, 92-6234, 92-6233, 92-6243PublishedCited by 371 opinions

1Opinion of the Court

WINTER, Circuit Judge:

This consolidated appeal involves regulations issued by the Secretary of Health and Human Services (“HHS”) modifying the so-called “treating physician rule” used to adjudicate Social Security disability claims. Two district courts upheld the new regulations with respect to disability adjudications within HHS but held that the treating physician rule as fashioned by this court would continue to apply in appeals from those adjudications to the federal courts. The Secretary appealed from the portions of the decisions relating to the rule to be applied in appeals. The…

2Cases cited12 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Bowen v. YuckertSupreme Court of the United States · 1987
  3. Heckler v. CampbellSupreme Court of the United States · 1983
  4. Schweiker v. Gray PanthersSupreme Court of the United States · 1981
  5. Minnie Gold v. The Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1972

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3Cited by371 opinions

  1. Ysabel Rosa v. John S. Callahan, Acting Commissioner of Social SecurityCourt of Appeals for the Second Circuit · 1999
  2. Rita Schaal v. Kenneth S. Apfel, Commissioner of Social Security, 1 Dockets 96-6212, 96-6316Court of Appeals for the Second Circuit · 1998
  3. Darline Halloran v. Jo Anne Barnhart, as Commissioner of the Social Security AdministrationCourt of Appeals for the Second Circuit · 2004
  4. Juana DIAZ, Plaintiff-Appellee, v. Donna SHALALA, Secretary of the Department of Health & Human Services, Defendant-AppellantCourt of Appeals for the Second Circuit · 1995
  5. George CASTELLANO, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1994

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