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ROSA v. WEINBERGER

No. 73-C-840.

381 F.Supp. 377 (1974)

Juanita ROSA, Plaintiff, v. Caspar WEINBERGER, as Secretary of Health, Education and Welfare of the United States, Defendant.

United States District Court, E. D. New York.

September 23, 1974.

Attorney(s) appearing for the Case

John C. Gray, Jr., Brooklyn Legal Services Corp. B, for plaintiff; David S. Preminger, Brooklyn Legal Services Corp. B, Brooklyn, of counsel.

David G. Trager, U. S. Atty., E. D. New York for defendant; Thomas A. Illmensee, Asst. U. S. Atty., Borge Varmer, Regional Atty., Region II, Dept. of Health, Education and Welfare New York City, of counsel.

BARTELS, District Judge.

This is an action by Juanita Rosa, claimant, brought pursuant to 42 U.S.C. § 405(g) to review the decision of an Administrative Law Judge ("ALJ") denying her application for Social Security disability benefits under 42 U.S.C. § 423. Claimant alleges that the ALJ violated her right to due process by failing (1) adequately to notify her of her right to be represented by retained counsel, and (2) to protect her as an unrepresented claimant...

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