MOORE v. SEC. OF U.S. DEPT. OF H. & H. SERV.

No. 215, Docket 84-6359.

778 F.2d 127 (1985)

Oscar MOORE, Plaintiff-Appellant, v. SECRETARY OF the UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 5, 1985.


Attorney(s) appearing for the Case

Jane C. Reinhardt, Bay Shore, N.Y., (Leonard S. Clark, Nassau/Suffolk Law Services Committee, Inc., Bay Shore, N.Y., of counsel), for plaintiff-appellant.

Michael P. Diraimondo, Sp. Asst. U.S. Atty., Brooklyn, N.Y., (Raymond J. Dearie, U.S. Atty., E.D.N.Y., Robert L. Begleiter, of counsel), for defendant-appellee.

Before NEWMAN, CARDAMONE and MINER, Circuit Judges.


MINER, Circuit Judge.

Oscar Moore appeals from a final judgment and order entered in the United States District Court for the Eastern District of New York (Mishler, J.), which upheld his claim for the payment of Social Security disability benefits but determined the period of disability not to have commenced until April 13, 1982.1 For the reasons set forth below, we reverse.

I. BACKGROUND

Moore was born in 1926...

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