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FRERKS BY FRERKS v. SHALALA

No. CV 91-1928.

848 F.Supp. 340 (1994)

David A. FRERKS, by his Guardian and Father, August FRERKS, SS#: 090-64-8596, Plaintiff, v. Donna SHALALA, Secretary of the Department of Health & Human Services, and Gregory Kaladjian, Commissioner of the New York State Department of Social Services, Defendants.

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

March 28, 1994.

Attorney(s) appearing for the Case

Robert, Lerner & Bigler, Rockville Centre, NY, for plaintiff; Charles Robert, of counsel.

Zachary W. Carter, U.S. Atty. E.D.N.Y., Brooklyn, NY, for defendant Donna Shalala; Elliot M. Schachner, Asst. U.S. Atty., of counsel.

G. Oliver Koppell, Atty. Gen., Mineola, NY, for defendant Gregory Kaladjian; Michele M. Woodard, Deputy Atty. Gen., of counsel.

OPINION AND ORDER

SPATT, District Judge:

The plaintiff, David Frerks ("Frerks"), is a mentally handicapped twenty-four year old whose parents have been appointed as his guardians by the Nassau County Surrogate's Court. In 1988 and 1990 respectively, Frerks was denied eligibility for Supplemental Security Income ("SSI") by the United States Secretary of Health and Human Services ("Secretary"), and Medicaid by the New York State Commissioner of Social Services...

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