SCHAUER v. SCHWEIKER

No. 401, Docket 81-6130.

675 F.2d 55 (1982)

Vivian G. SCHAUER, Plaintiff-Appellant, v. Richard SCHWEIKER, in his official capacity as Secretary of the United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 12, 1982.


Attorney(s) appearing for the Case

Ronald R. Benjamin, Binghamton, N. Y., for plaintiff-appellant.

Gregory A. West, Asst. U. S. Atty., Syracuse, N. Y. (George H. Lowe, U. S. Atty., N. D. N. Y., Syracuse, N. Y., on the brief), for defendant-appellee.

Before TIMBERS, KEARSE and CARDAMONE, Circuit Judges.


KEARSE, Circuit Judge:

Plaintiff Vivian G. Schauer appeals from a judgment of the United States District Court for the Northern District of New York, Neal P. McCurn, Judge, affirming a final decision of the Secretary of Health and Human Services (the "Secretary") that denied Schauer's application for disability insurance benefits on the ground that she had not proven disability within the pertinent time period. The appeal raises questions as to the proper allocation...

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