(DOWNLOAD) "Baeder v. Heckler" by United States Court of Appeals for the Third Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Baeder v. Heckler
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 24, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Before: ADAMS, HUNTER, and MANSMANN, Circuit Judges Opinion OF THE COURT HUNTER, Circuit Judge: 1. Appellee, Paul Baeder brought this action in the United States District Court for the District of New Jersey under § 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g) (1982), to review a final determination of the Secretary of Health and Human Services, denying his application for disability and disability insurance benefits. Baeder applied for benefits on November 17, 1982. The Secretary denied him benefits both initially and on reconsideration. Baeder requested and was granted a hearing before an Administrative Law Judge (""ALJ""). After a de novo consideration of the case, the ALJ ruled on May 27, 1983, that Baeder was not disabled within the meaning of the Act. The ALJ's ruling became the final decision of the Secretary when the Appeals Council approved it on July 21, 1983. Baeder then commenced the present suit in the district court to review the Secretary's decision finding him not disabled, as well as to determine the validity of the regulation pursuant to which the finding was made. The district court invalidated the regulation and remanded Baeder's case to the Secretary for further proceedings.