[DOWNLOAD] "Johnson v. Bowen" by United States Court of Appeals for the Second Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Johnson v. Bowen
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 30, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
This appeal involves another in a long line of cases raising the issue whether the Department of Health and Human Services (HHS) is observing the treating physician rule in determining claims for disability benefits, see Schisler v. Heckler, 787 F.2d 76, 81 (2d Cir. 1986). Otis R. Bowen, Secretary of HHS (Secretary), appeals from a judgment of the District Court for the Northern District of New York (Neal P. McCurn, Judge) reversing HHS denial of disability benefits to Carol Johnson and ordering that such benefits be granted. Because we cannot ascertain on this record whether HHS properly adhered to the treating physician rule in assessing Johnsons claim and because the record, properly considered by the agency, could support a denial of benefits, we vacate the District Courts decision and direct a remand to HHS for reconsideration and explicit application of the treating physician rule.
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