Legal Opinion

Marie Ann SCIME, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary, Department of Health and Human Services, Et Al., Defendant-Appellant

Court of Appeals for the Second Circuit

Decided June 26, 1987No. 974, Docket 87-6004PublishedCited by 18 opinions

1Opinion of the Court

MAHONEY, Circuit Judge:

The Secretary of Health & Human Services (“Secretary”) appeals from a judgment of the United States District Court for the Western District of New York holding that the Secretary is estopped from relying on appellee’s failure to file a written application (required by regulation) for child’s insurance benefits under the Social Security Act (“the Act”), 42 U.S.C. § 402(d) (1982 & Supp. Ill 1985), due to the “affirmative misconduct” of the Social Security Administration (“SSA”) in erroneously informing appellee (based upon incomplete factual information) that she was…

2Cases cited6 opinions

  1. Schweiker v. HansenSupreme Court of the United States · 1981
  2. Juana Estela Corniel-Rodriguez v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1976
  3. Lillian Goldberg v. Caspar Weinberger, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1976
  4. Mildred A. Simon, Beth Jami Simon and Seth Eric Simon v. Joseph A. Califano, Jr., Secretary of Department of Health, Education and WelfareCourt of Appeals for the Ninth Circuit · 1979
  5. McDonald v. SchweikerDistrict Court, N.D. Indiana · 1981

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

3Cited by18 opinions

  1. Edwind F. PRATTS, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1996
  2. Saboet Elmazi Azizi and Feim Azizi v. Richard L. Thornburgh, Attorney General of the United StatesCourt of Appeals for the Second Circuit · 1990
  3. Martin v. Valley National BankDistrict Court, S.D. New York · 1991
  4. United States v. Joseph A. BoccanfusoCourt of Appeals for the Second Circuit · 1989
  5. City of New York v. ShalalaCourt of Appeals for the Second Circuit · 1994

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

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