HAVAS v. BOWEN

No. 1523, Docket 86-6090.

804 F.2d 783 (1986)

Dan HAVAS, Plaintiff-Appellant, v. Otis BOWEN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 31, 1986.


Attorney(s) appearing for the Case

Ira Mendleson, III, Albany, N.Y. (Buckley & Mendleson, Albany, N.Y., of counsel), for plaintiff-appellant.

Cornelia Dude, Asst. Regional Counsel, U.S. Dept. of Health and Human Services, (Ronald E. Robertson, Gen. Counsel, Barbara Lewis Spivak, Deputy Chief Counsel, Dept. of Health and Human Services, Frederick J. Scullin, Jr., U.S. Atty., for N.D.N.Y., of counsel), for defendant-appellee.

Before WINTER and MAHONEY, Circuit Judges, and ZAMPANO, Senior District Judge.


WINTER, Circuit Judge:

Once again we address an appeal from a denial of Social Security disability benefits by the Secretary of Health and Human Services on a factual record that implicates the so-called "treating physician" rule. Notwithstanding assurances that the Secretary adheres to this rule as his national policy, see Stieberger v. Bowen, 801 F.2d 29, 36 (2d Cir.1986), Schisler v. Heckler, 787 F...

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