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GUTIERREZ v. BOWEN

No. 87 Civ. 0952 (MBM).

702 F.Supp. 1050 (1989)

Maria GUTIERREZ and Ramon Gutierrez, Plaintiffs, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant.

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

January 3, 1989.

Attorney(s) appearing for the Case

Marc Finkelstein, Jorge Luis Vitureira, Law Student Intern, BLS Legal Services Corp., Senior Citizen Law Office, New York City, for plaintiffs.

Kathleen A. Zebrowski, Sp. Asst., U.S. Atty., Annette H. Blum, Chief Counsel-Region II, Peter G. O'Malley, Asst. Regional Counsel, New York City, for defendant.

OPINION AND ORDER

MUKASEY, District Judge.

Plaintiffs Maria and Ramon Gutierrez have sued under §§ 205(g) and 1631(c)(3) of the Social Security Act, as amended, 42 U.S.C. §§ 405(g) and 1383(c)(3) (1982 & Supp. III (1985)), to undo defendant Secretary of Health and Human Services' determination that plaintiffs are not eligible for Supplemental Security Income ("SSI") benefits because they have excess resources. Both sides now move...

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