Legal Opinion
Guardino v. Bowen
District Court, S.D. New York
Decided June 10, 1987No. 86 Civ. 1987 (PNL)PublishedCited by 3 opinions
1Opinion of the Court
LEVAL, District Judge.
Plaintiff Joseph Guardino seeks review pursuant to 42 U.S.C. § 405(g) of the Secretary’s determination denying him social security benefits. Both parties move for judgment on the pleadings. Fed.R.Civ.P. 12(c). I find that the Secretary erred in not according proper weight to the opinions of the treating physicians and therefore remand for further proceedings.
Background
Joseph Guardino is a 51-year-old unmarried man living with his mother in Putnam Valley, New York. A high school graduate with limited architectural drafting ability, (Tr. 23) plaintiff worked for 33 years…
2Cases cited5 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- George MONGEUR, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1983
- Johnson v. BowenCourt of Appeals for the Second Circuit · 1987
- Paulina BLUVBAND, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1984
3Cited by3 opinions
- Stieberger v. SullivanDistrict Court, S.D. New York · 1990
- Santiago v. BowenDistrict Court, S.D. New York · 1989
- Leggitt v. SullivanDistrict Court, D. Colorado · 1993