Legal Opinion
Wilkerson v. Sullivan
Court of Appeals for the Third Circuit
Decided May 31, 1990No. Nos. 89-1786, 89-1852, 89-1856 and 89-1913PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
HUTCHINSON, Circuit Judge.
I
These consolidated matters concern the Secretary of Health and Human Services’ (Secretary’s) social security regulation defining substance addiction disorders and the standards and practices the Secretary uses administratively in determining whether an alcoholic’s addiction prevents him from engaging in substantial gainful employment.1 The district court held that the Secretary’s regulation disguised a continuing policy of non-acquiescence in the law of this Circuit. Holding that the regulation was no more than a fig leaf intended to cover the…
2Cases cited32 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Bowen v. YuckertSupreme Court of the United States · 1987
- Bowen v. City of New YorkSupreme Court of the United States · 1986
- Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
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3Cited by4 opinions
- Clifton Sykes, Sr. v. Kenneth S. Apfel, Commissioner of Social Security Faith S. Hochberg, United States Attorney, District of New Jersey the Honorable Janet Reno, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2000
- Sykes v. ApfelCourt of Appeals for the Third Circuit · 2000
- 30 soc.sec.rep.ser. 128, unempl.ins.rep. Cch 15523a in Re Petition of Louis W. Sullivan, M.D., Secretary of Health and Human Services. William Wilkerson, Robert J. Gardner and William E. Smith, on Behalf of Themselves and All Others Similarly Situated v. Louis W. Sullivan, M.D., Secretary of Health and Human Services, Honorable John B. Hannum, Nominal William Wilkerson, Robert J. Gardner and William E. Smith, on Behalf of Themselves and All Others Similarly Situated v. Louis W. Sullivan, M.D., Secretary of Health and Human Services, (Two Cases) William Wilkerson, Robert J. Gardner and William E. Smith, on Behalf of Themselves and All Others Similarly Situated v. Louis W. Sullivan, M.D., Secretary of Health and Human ServicesCourt of Appeals for the Third Circuit · 1990
- United States v. James Elkins Carol Elkins, United States of America v. Carol Elkins James ElkinsCourt of Appeals for the Sixth Circuit · 2002