BARSKY v. BOWEN

No. 87 Civ. 8590 (WK).

695 F.Supp. 757 (1988)

Diane BARSKY, Ada Barsky and Diane Barsky, Plaintiffs, v. Otis R. BOWEN, Secretary of the United States Department of Health and Human Services, Defendant.

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

October 7, 1988.


Attorney(s) appearing for the Case

Leona L. Barsky, New York City, for plaintiffs.

Rudolf Giuliani, U.S. Atty., S.D.N.Y., Kathleen Zebrowski, Sp. Asst. U.S. Atty., New York City, for defendant.


MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

Plaintiffs move pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412, for an award of attorney's fees and costs incurred in appealing to this Court an adverse determination of the Secretary of Health and Human Services.

FACTS

In July 1983, the Social Security Administration notified plaintiffs that they had been overpaid $1,197.70 in Social Security benefits. It did not specify...

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