Legal Opinion
Frank DeCHIRICO, Plaintiff-Appellant, v. John J. CALLAHAN, Acting Commissioner of the Social Security Administration, Defendant-Appellee
Court of Appeals for the Second Circuit
Decided January 26, 1998No. 248, Docket 97-6026PublishedCited by 292 opinions
1Opinion of the Court
Judge MESKILL concurs in part and dissents in part in a separate opinion.
CALABRESI, Circuit Judge:
Is a leg amputation a per se disabling condition under the Social Security Regulations, 20 C.F.R. § 404.1520(d) & Pt. 404, Subpt. P, App. 1, § 1.10, if the amputee cannot reasonably obtain a properly fitting prosthesis that will allow the wearer to walk without an “obligatory assistive device” such as a cane? We conclude that it is. Because, however, the plaintiff did not meet his burden of showing that he was in fact unable to obtain a properly fitting prosthesis, we affirm the denial of…
2Cases cited8 opinions
- Elmer G. Berry v. Richard Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1982
- Ramona PEREZ, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security Administration, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1996
- Thelma L. WALKER, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1987
- Alfred MIMMS, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1984
- David A. Gamble v. Shirley S. Chater, Commissioner of the Social Security AdministrationCourt of Appeals for the Ninth Circuit · 1995
3 more not listed; retrieve them via the Exa API.
3Cited by292 opinions
- Brault v. Social Security AdministrationCourt of Appeals for the Second Circuit · 2012
- Talavera v. Commr of Social SecurityCourt of Appeals for the Second Circuit · 2012
- Selian v. AstrueCourt of Appeals for the Second Circuit · 2013
- Albert Shaw v. Shirley S. Chater, as Commissioner of the Social Security AdministrationCourt of Appeals for the Second Circuit · 2000
- Cichocki v. AstrueCourt of Appeals for the Second Circuit · 2013
287 more not listed; retrieve them via the Exa API.