Legal Opinion
Cornelius Constance v. Secretary of Health and Human Services, Alexander E. Sharp, Etc., Cornelius Constance v. Secretary of Health and Human Services
Court of Appeals for the First Circuit
Decided March 5, 1982No. 81-1322, 81-1323PublishedCited by 26 opinions
1Opinion of the Court
BREYER, Circuit Judge.
This case raises the question of whether a federal statute providing a special federal payment to certain disabled persons (those with “essential persons”) permits the state to reduce correspondingly its own state payments dollar for dollar. We find that the federal statute was specifically intended to give the states this authority, and we therefore reverse a district court holding to the contrary.
I
The appellee, Cornelius Constance, first received disability benefits in 1973 under a state program of “Aid to the Permanently and Totally Disabled.” Under this “APTD”…
2Cases cited18 opinions
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- O'Shea v. LittletonSupreme Court of the United States · 1974
- Maine v. ThiboutotSupreme Court of the United States · 1980
- United Public Workers of America v. MitchellSupreme Court of the United States · 1947
- Ford Motor Credit Co. v. MilhollinSupreme Court of the United States · 1980
13 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- National Wildlife Federation v. GorsuchCourt of Appeals for the D.C. Circuit · 1982
- 6 soc.sec.rep.ser. 142, Medicare&medicaid Gu 34,082 Rose Mayburg v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1984
- Kalaris v. DonovanCourt of Appeals for the D.C. Circuit · 1983
- Citizens Savings Bank v. BellDistrict Court, D. Rhode Island · 1985
- First Commodity Corp. Of Boston and Richard Badoian v. Commodity Futures Trading Commission, and John RuddyCourt of Appeals for the First Circuit · 1982
21 more not listed; retrieve them via the Exa API.