CORNELIOUS v. SECRETARY OF HEALTH & HUMAN SERVICES

No. CIV-86-184C.

655 F.Supp. 1211 (1987)

Cynthia CORNELIOUS, on Behalf of Quiana GOREE, a minor, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

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

March 13, 1987.


Attorney(s) appearing for the Case

Neighborhood Legal Services, Inc. (Alan B. Block, of counsel), Buffalo, N.Y., for plaintiff.

Roger P. Williams, U.S. Atty. (Jacqueline Stover, Sp. Asst. U.S. Atty., of counsel), Buffalo, N.Y., for defendant.


CURTIN, Chief Judge.

Cynthia Cornelious, on behalf of Quiana Goree, a minor, appeals from the final decision of the Secretary denying her application for disability benefits.

At the time of her hearing before the Administrative Law Judge [ALJ], Quiana Goree [plaintiff] was nine months old. Her alleged disability is the congenital absence of the cricopharyngeus muscle and a gastro-esophageal reflux. Since this muscle is a major component of the act of swallowing...

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