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DAVILA ON BEHALF OF DAVILA v. SHALALA

No. 93 Civ. 4884 (VLB).

848 F.Supp. 1141 (1994)

Homero DAVILA on behalf of Erick Davila, Plaintiff, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant.

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

April 11, 1994.

Attorney(s) appearing for the Case

Guilene Cherenfant, Bronx Legal Services, Bronx, NY, for plaintiff.

Susan D. Baird, Asst. U.S. Atty., New York City, for defendant.

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

This case presents the dilemma created when an administrative agency loses its own records and fails to reconstruct them or conduct a new inquiry on the merits, resulting in penury or at least serious hardship for an impoverished citizen.

The case, brought under the Social Security Act, 42 U.S.C. § 405(g), seeks review of a final determination of the defendant Secretary...

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