Legal Opinion

Helene Marcus v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare

Court of Appeals for the Second Circuit

Decided December 11, 1979No. 86, Docket 79-6084PublishedCited by 1,118 opinions

1Opinion of the Court

TIMBERS, Circuit Judge:

This appeal raises the question as to what is the proper standard for evaluating claims under the Social Security Act which involve subjective pain.

Helene Marcus commenced this action in the district court under Section 205(g) of the Social Security Act as amended, 42 U.S.C. § 405(g) (1976), to review a final determination by the Secretary of Health, Education and Welfare (“Secretary”) which denied her application for disability insurance benefits. The district court took on submission cross motions for judgment on the pleadings and, in a memorandum and order dated…

2Cases cited16 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Minnie Gold v. The Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1972
  3. Lionel J. Bastien v. Joseph P. Califano, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1978
  4. Hazel Cutler v. Caspar Weinberger, as Secretary of the Department of Health, Education and Welfare of the United States of AmericaCourt of Appeals for the Second Circuit · 1975
  5. Shirley A. Ber v. Anthony J. Celebrezze, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1964

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

3Cited by1,118 opinions

  1. Rosado v. SullivanDistrict Court, S.D. New York · 1992
  2. Genier v. AstrueCourt of Appeals for the Second Circuit · 2010
  3. Herbert Carroll v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1983
  4. Mozell Grey v. Margaret M. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1983
  5. Walter E. Parker v. Patricia Roberts Harris, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1980

1,113 more not listed; retrieve them via the Exa API.

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