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KOLODNAY v. SCHWEIKER

No. 885, Docket 81-6226.

680 F.2d 878 (1982)

Roza KOLODNAY, Plaintiff-Appellant, v. Richard SCHWEIKER, as Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 20, 1982.

Attorney(s) appearing for the Case

Mark Hus, Brooklyn, N. Y. (Steven M. Bernstein, Community Action for Legal Services, Inc., Brooklyn, N. Y., of counsel), for plaintiff-appellant.

Reuben S. Koolyk, Asst. U. S. Atty., Brooklyn, N. Y. (Edward R. Korman, U. S. Atty., E. D. N. Y., Abraham Y. Skoff, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for defendant-appellee.

Before LUMBARD and OAKES, Circuit Judges, and FRIEDMAN, Chief Judge, United States Court of Claims.

OAKES, Circuit Judge:

This appeal is from a judgment of the United States District Court for the Eastern District of New York, Mark A. Costantino, Judge, affirming a determination of the Secretary of Health and Human Services to deny Roza Kolodnay's application for Supplemental Security Income (SSI). To obtain a grant of SSI, a claimant must show disability, which the administrative law judge found Mrs. Kolodnay did not do. We reverse and remand for an ultimate hearing...

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