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OCASIO v. SCHWEIKER

No. 81 Civ. 4098.

540 F.Supp. 1320 (1982)

Theresa OCASIO, individually and on behalf of all persons similarly situated, Plaintiff, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant.

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

June 15, 1982.

Attorney(s) appearing for the Case

David Goldfarb, Legal Aid Society, New York City, for plaintiff; Ian F. Feldman, New York City, of counsel.

John S. Martin, Jr., U. S. Atty., S.D.N.Y., New York City, for defendant; Cathy R. Silak, Asst. U. S. Atty., New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiff brought this action to review a decision of the Social Security Administration (the "Agency") denying her benefits under section 202(e) of the Social Security Act.1 She first pursued her administrative remedies within the Agency. Unable to convince it that its interpretation of the statute was erroneous, plaintiff then filed this action, at which time government counsel quickly...

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