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OSSERMAN v. GARDNER

No. 65 Civ. 2971.

259 F.Supp. 368 (1966)

Gwen S. OSSERMAN, Plaintiff, v. John W. GARDNER, Secretary of Health, Education and Welfare, Defendant.

United States District Court S. D. New York.

October 10, 1966.

Attorney(s) appearing for the Case

Warren Schwartz, New York City, for plaintiff.

Robert Morgenthau, U. S. Atty., by Judith N. Stein, Asst. U. S. Atty., for defendant.

OPINION

TYLER, District Judge.

On February 24, 1964, Mrs. Gwen S. Osserman ("claimant") filed an application for disability insurance benefits under the provisions of the Social Security Act, as amended.1 In fixing the benefit rate, the Bureau of Old Age & Survivors Insurance of the Social Security Administration did not give credit for certain earnings received by the claimant during the period from September 6, 1957, through...

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