home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Shareware Overload Trio 2
/
Shareware Overload Trio Volume 2 (Chestnut CD-ROM).ISO
/
dir33
/
cwru_ct.zip
/
SULLIVAN.FIN
< prev
Wrap
Text File
|
1993-11-05
|
7KB
|
127 lines
Subject: SULLIVAN v. FINKELSTEIN, Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be released, as
is being done in connection with this case, at the time the opinion is
issued. The syllabus constitutes no part of the opinion of the Court
but has been prepared by the Reporter of Decisions for the convenience
of the reader. See United States v. Detroit Lumber Co., 200 U. S. 321,
337.
SUPREME COURT OF THE UNITED STATES
Syllabus
SULLIVAN, SECRETARY OF HEALTH AND HUMAN
SERVICES v. FINKELSTEIN
certiorari to the united states court of appeals for the third circuit
m-- SPACE to continue -- c for continous output -- q to quit --mK
Title 42 U. S. C. 405(g), which is not further divided into subsections,
provides, inter alia, that: an individual may obtain judicial review of a
final decision of the Secretary of Health and Human Services under the
Social Security Act by filing "a civil action" in the district court
(sentence one); in such action, that court has the power to enter "a
judgment affirming, modifying, or reversing the [Secretary's] decision,
with or without remanding the cause for a rehearing" (sentence four)
(emphasis added); that court may order a remand for the taking of
additional evidence, "but only upon a showing that there is new evidence
which is material and that there is good cause for the failure to
incorporate such evidence into the record in a prior proceeding" (sentence
six); that court may review the Secretary's postremand "additional or
modified findings of fact and decision" (sentence seven); and that court's
judgment "shall be final except that it shall be subject to review in the
same manner as a judgment in other civil actions" (sentence eight).
Respondent filed an application for widow's disability benefits under
423(d)(2)(B), which authorizes an award to a widow whose impairment is of a
level of severity deemed sufficient by the Secretary's regulations to
preclude an individual from engaging in any gainful activity. Under those
regulations, a surviving spouse who suffers from an impairment meeting or
equaling the severity of an impairment included in the Secretary's Listing
of Impairments is disabled. After respondent's application was denied on
the ground that her heart condition did not meet or equal a listed
impairment, she filed suit in the District Court, invoking 405(g). The