Legal Opinion

Butland v. Bowen

District Court, D. Massachusetts

Decided September 23, 1987No. Civ. A. 87-478-TPublishedCited by 25 opinions

1Opinion of the Court

MEMORANDUM

TAURO, District Judge.

Plaintiff, Hope E. Butland, brought this action pursuant to 42 U.S.C. § 405(g) to review an unfavorable decision by the Secretary of Health and Human Services upholding the dismissal of her application for Social Security disability benefits on the grounds of res judicata.

Currently before the court are defendant’s motion to dismiss and plaintiff’s motion for summary judgment. For the reasons set forth below, defendant’s motion is denied, plaintiff’s motion is granted, and the case is remanded to the Administrative Law Judge for a full and fair hearing.

I

Plaintiff…

2Cases cited14 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  4. Califano v. SandersSupreme Court of the United States · 1977
  5. Walters v. National Assn. of Radiation SurvivorsSupreme Court of the United States · 1985

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3Cited by25 opinions

  1. Miguel GONZALEZ, Plaintiff/Appellant, v. Louis W. SULLIVAN, Secretary, Department of Health and Human Services, Defendant/AppelleeCourt of Appeals for the Ninth Circuit · 1990
  2. Thurber v. BrownUnited States Court of Appeals for Veterans Claims · 1993
  3. Day v. ShalalaCourt of Appeals for the Sixth Circuit · 1994
  4. Burks-Marshall v. ShalalaCourt of Appeals for the Eighth Circuit · 1993
  5. Terry D. Loudermilk v. Jo Anne B. BarnhartCourt of Appeals for the Eleventh Circuit · 2002

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