RODRIGUEZ v. CALIFANO

No. 76 Civ. 3833(MP).

431 F.Supp. 421 (1977)

Juan RODRIGUEZ, Plaintiff, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Defendant.

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

May 16, 1977.


Attorney(s) appearing for the Case

Klein, Cohen & Schwartzenberg by William E. Schwartzenberg, New York City, for plaintiff.

Robert B. Fiske, Jr., U.S. Atty., S. D. N. Y., by Louis G. Corsi, Asst. U.S. Atty., New York City, for defendant.


POLLACK, District Judge.

This is a petition for judicial review of a decision denying plaintiff Social Security disability benefits. Both parties have moved for summary judgment. The issue is whether there is substantial evidence supporting HEW's decision that plaintiff was not disabled, i. e., unable to engage in substantial gainful activity by reason of a physical or mental impairment. The plaintiff had insured status no later than March 31, 1969 and has...

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