Legal Opinion

Schisler v. Bowen

Court of Appeals for the Second Circuit

Decided June 23, 1988No. 714, Docket 87-6244PublishedCited by 85 opinions

1Opinion of the Court

WINTER, Circuit Judge:

This appeal follows proceedings in the district court subsequent to our remand in Schisler v. Heckler, 787 F.2d 76 (2d Cir. 1986) (“Schisler I”). Pursuant to that remand, the Secretary of Health and Human Services proposed a draft Social Security Ruling (“SSR”) that purported to embody the “treating physician rule.” Judge Elf-vin made extensive revisions of this draft SSR and ordered the Secretary to issue the SSR as revised. Because the district court’s revisions did no more than eliminate material outside the scope of the remand and, with two exceptions, restate our…

2Cases cited4 opinions

  1. George MONGEUR, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1983
  2. Ricardo De Leon v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1984
  3. Dan HAVAS, Plaintiff-Appellant, v. Otis BOWEN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1986
  4. Schisler v. HecklerCourt of Appeals for the Second Circuit · 1986

3Cited by85 opinions

  1. Rita Schaal v. Kenneth S. Apfel, Commissioner of Social Security, 1 Dockets 96-6212, 96-6316Court of Appeals for the Second Circuit · 1998
  2. Rosado v. SullivanDistrict Court, S.D. New York · 1992
  3. Eugenio CRUZ, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1990
  4. Joan M. Jones v. Louis W. Sullivan, M.D., Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1991
  5. Doris ALSTON, Plaintiff-Appellee, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Second Circuit · 1990

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