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DIETSCH v. SCHWEIKER

No. 318, Docket 82-6118.

700 F.2d 865 (1983)

George DIETSCH, Plaintiff-Appellant, v. Richard SCHWEIKER, as Secretary of the Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 14, 1983.

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.

Igou M. Allbray, Asst. U.S. Atty., Brooklyn, N.Y. (Raymond J. Dearie, U.S. Atty., for the E.D.N.Y., Abraham Y. Skoff, Asst. U.S. Atty., Brooklyn, N.Y., of counsel), for defendant-appellee.

Before MOORE, CARDAMONE and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

The central issue on this appeal, as in the companion case decided today, Monferrato v. Schweiker, 700 F.2d 869 (2d Cir.1983), is whether mailing a request for review of an administrative law judge's decision constitutes filing within the meaning of the regulations promulgated under the Social Security Act, particularly 20 C.F.R. § 404.968(a). In this case the request for review was allegedly...

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