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eBook details

• Title: Cohen V. Secretary Of Department Of Health And Human Services
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 07, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 86 KB

Description

TIMBERS, Circuit Judge. Appellant Elizabeth L. Cohen commenced this action in the district court pursuant to § 205(g) of the Social Security Act (the Act), as amended, 42 U.S.C. § 405(g) (1988), for review of a final decision of the Secretary of Health and Human Services (Secretary) which denied her application for disability insurance benefits. The Secretary's decision is the September 18, 1989 decision of an administrative law Judge (ALJ) which became final when it was affirmed by the Appeals Council on July 31, 1990. The district court, Robert E. DeMascio, District Judge, referred the case to Magistrate Marcia Cooke, who, in her May 31, 1991 Report and Recommendation (a copy of which is attached to our opinion as Appendix, pages 15-22), concluded that the Secretary's denial of benefits was not supported by substantial evidence and recommended that summary judgment be granted in appellant's favor. The Magistrate Judge was convinced that Cohen was "clearly disabled" by the Epstein-Barr virus and accompanying chronic fatigue syndrome. Following timely objection by the Secretary, the district court reviewed the case and rejected the Magistrate's Report and Recommendation. On July 25, 1991, the district court held that the Secretary's denial of benefits was supported by substantial evidence and affirmed the Secretary's decision.

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