Legal Opinion
Margaret TREADWELL, Plaintiff-Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellee
Court of Appeals for the Second Circuit
Decided January 11, 1983No. 564, Docket 82-6124PublishedCited by 64 opinions
1Opinion of the Court
IRVING R. KAUFMAN, Circuit Judge:
The ease before us presents a somewhat ironic situation. The failure to employ available procedures, and the resulting non-enforcement of administrative subpoenas, appears to have stemmed not from absence of sympathy to the claimant’s position, but from a lack of understanding how to proceed. As the facts indicate, the error of omission led to other procedural infirmities, and ultimately to a deprivation of due process. Accordingly, we reverse and remand. 535 F.Supp. 643.
I
We set out in some detail the intricate procedural and factual matrix which generated…
2Cases cited9 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Camp v. PittsSupreme Court of the United States · 1973
- Helene Marcus v. Joseph A. Califano, Jr., Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1979
- Minnie Gold v. The Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1972
- William S. McLaughlin v. Secretary of Health, Education and Welfare of the United StatesCourt of Appeals for the Second Circuit · 1980
4 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Ferraris v. HecklerCourt of Appeals for the Second Circuit · 1984
- Ferraris v. HecklerCourt of Appeals for the Second Circuit · 1984
- Townley v. HecklerCourt of Appeals for the Second Circuit · 1984
- Townley v. HecklerCourt of Appeals for the Second Circuit · 1984
- Burnette YANCEY, Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner of Social Security Defendant-AppelleeCourt of Appeals for the Second Circuit · 1998
59 more not listed; retrieve them via the Exa API.