MULLER v. CELEBREZZE


220 F.Supp. 862 (1963)

Ella M. MULLER, Plaintiff, v. Anthony J. CELEBREZZE, Secretary of Health, Education & Welfare, Defendant.

United States District Court S. D. New York.

July 29, 1963.


Attorney(s) appearing for the Case

John B. Griffin, New York City, for plaintiff; Edwin S. Shapiro, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, for defendant; Anthony J. D'Auria, New York City, of counsel.


COOPER, District Judge.

Pursuant to Title 42 U.S.C. § 405(g), plaintiff brings this motion for judgment on the pleadings. The cross motion seeks the same relief. Involved is a review of the final decision by the Secretary of Health, Education and Welfare denying plaintiff's application for child disability insurance benefits under Sec. 202(d) of the Social Security Act.

The paramount issue presented: Has plaintiff been continuously "disabled" as defined...

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