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WAGNER v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 1290, Docket 90-6023.

906 F.2d 856 (1990)

Janine A. WAGNER, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 22, 1990.

Attorney(s) appearing for the Case

Esther R. Goldbas, Andrew D. Miller, law student interns, Ithaca, N.Y. (Barry Strom, Cornell Legal Aid, Ithaca, N.Y., of counsel), for plaintiff-appellant.

Judith L. Pearlstein, Asst. Regional Counsel, New York City (Michael J. Astrue, Gen. Counsel, Annette H. Blum, Regional Chief Counsel, U.S. Dept. of Health and Human Services, Frederick J. Scullin, U.S. Atty., N.D.N.Y., Syracuse, N.Y., of counsel), for defendant-appellee.

Before LUMBARD, FEINBERG and WINTER, Circuit Judges.

WINTER, Circuit Judge:

In this action under 42 U.S.C. § 405(g) (1982), plaintiff-appellant Janine Wagner sought to overturn the denial by the Secretary of Health and Human Services ("Secretary") of disability benefits for the period between September 10, 1980 and August 12, 1983. Chief Judge McCurn upheld the Secretary's decision. On appeal Wagner asserts that the Secretary and the district court failed to accord the...

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