Legal Opinion

Fishburn v. Sullivan

District Court, S.D. New York

Decided September 29, 1992No. 88 Civ. 4096 (VLB)PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

On April 14, 1992, United States Magistrate Judge Sharon E. Grubin filed a Report and Recommendation that this Social Security disability case be remanded to the Secretary of Health and Human Services to obtain further evidence and apply appropriate legal standards. The Secretary does not object to this recommendation but urges that the remand be under sentence 4 of 42 U.S.C. § 405(g), which refers to judicial decisions “affirming, modifying or reversing” the decision of the Secretary, rather than under sentence 6, which is relevant where…

2Cases cited45 opinions

  1. Thomas v. ArnSupreme Court of the United States · 1986
  2. Richardson v. PeralesSupreme Court of the United States · 1971
  3. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  4. Bowen v. YuckertSupreme Court of the United States · 1987
  5. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951

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3Cited by10 opinions

  1. Lugo v. ApfelDistrict Court, S.D. New York · 1998
  2. Mahoney v. ApfelDistrict Court, E.D. New York · 1999
  3. Moscatiello v. ApfelDistrict Court, E.D. New York · 2001
  4. Schaal v. Commissioner of Social SecurityDistrict Court, N.D. New York · 1996
  5. Williams v. CallahanDistrict Court, E.D. New York · 1998

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