[Download] "Rivera v. Sullivan" by United States Court of Appeals for the Second Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Rivera v. Sullivan
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 15, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
LASKER, Senior District Judge Plaintiff-appellant Isabel Rivera's appeal challenges the determination of the Secretary of Health and Human Services (the ""Secretary"" of ""HHS"") that Rivera was not disabled on or before June 30, 1978. That date is when she last was insured under Title II of the Social Security Act (""the Act""), which provides disability benefits only for those insured under the Act. 42 U.S.C. §Â§ 423(a)(1)(A) and 423(c)(1) (1982). The Secretary's finding therefore resulted in a denial of Title II disability benefits for Rivera. The District Court upheld that finding on appeal as supported by substantial evidence. Rivera v. Sullivan, 727 F. Supp. 137 (S.D.N.Y. 1989) (granting Secretary's motion for judgment on the pleadings). Because we find the Secretary's decision is not supported by substantial evidence, we reverse and remand solely for the determination of benefits.