DIAZ v. SHALALA

No. 93 Civ 5984 (VLB).

871 F.Supp. 180 (1994)

Angelina DIAZ, Plaintiff, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant.

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

December 13, 1994.


Attorney(s) appearing for the Case

Jay E. Sickland, Legal Aid Soc., Bronx, NY, for plaintiff.

Lorraine S. Novinski, Sp. Asst. U.S. Atty., New York City, for defendant.


MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

This case presents the question of whether an applicant for Social Security benefits may agree with the Secretary of Health and Human Services to have an adverse decision set aside and the case remanded to the agency, and thereafter upon consulting counsel have the remand for re-examination vacated because counsel believes that the original (pre-remand) decision was clearly erroneous. I answer...

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