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MARTINEZ v. BOWEN

No. 86 Civ. 0176 (JES).

685 F.Supp. 70 (1988)

Efrain MARTINEZ, Plaintiff, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant.

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

May 16, 1988.

Attorney(s) appearing for the Case

Torres, Leonard, Franco & Soto, New York City, for plaintiff; Jose Louis Torres, of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for defendant; Kathleen A. Zebrowski, Sp. Asst. U.S. Atty., of counsel.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge:

Plaintiff Efrain Martinez brings this action pursuant to 42 U.S.C. §§ 405(g) & 1383(c)(3) (1982) challenging the final decision of the Secretary of Health and Human Services ("the Secretary") denying him disability insurance benefits and supplemental security income benefits. The Secretary concluded that plaintiff could return to his past relevant work as a security guard,

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