SOTO-VALENTIN v. HECKLER

No. 83 Civ. 3532.

619 F.Supp. 627 (1985)

Adelina SOTO-VALENTIN, Plaintiff, v. Margaret M. HECKLER, Secretary of Health & Human Services, Defendant.

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

September 27, 1985.


Attorney(s) appearing for the Case

Adelina Soto-Valentin, Brooklyn, N.Y., pro se.

Victor Fusco, Scheine, Fusco & Brandenstein, P.C., New York City for plaintiff.

Asst. U.S. Atty. Michael P. DiRaimondo, E.D. of N.Y., for defendant.


MEMORANDUM AND ORDER

GLASSER, District Judge:

In this case of first impression, this Court is squarely faced with the following question: in an action brought pursuant to the Social Security Act, in which the plaintiff successfully establishes entitlement to both Title II disability insurance benefits ("DIB") and Title XVI Supplemental Security Income benefits ("SSI"), and the government's position is not substantially justified, can the plaintiff obtain...

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