MALDONADO EX REL. MALDONADO v. APFEL

Nos. 98 Civ. 9037(AKH), 98 Civ. 9038(DC).

55 F.Supp.2d 296 (1999)

Nurys MALDONADO on behalf of Rogelio MALDONADO, a minor, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. Claudia Olavarria on behalf of Shaun P. Olavarria, Plaintiff, v. Commissioner of Social Security, Defendant.

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

July 19, 1999.


Attorney(s) appearing for the Case

Bronx Legal Services by James M. Baker, Bronx, NY, Center for Disability Advocacy Rights, Inc. by Christopher James Bowes, Maura A. Kennedy-Smith, Law Graduate, New York City, for Plaintiff Maldonado.

Legal Services for the Elderly by Ann Pegg Biddle, Malcolm B. Spector, New York City, Bronx Legal Services by James M. Baker, Bronx, NY, for Plaintiff Olavarria.

Mary Jo White, United States Attorney for the Southern District of New York by Susan D. Baird, Assistant United States Attorney, New York City, for United States.


OPINION

CHIN and HELLERSTEIN, District Judges.

These appeals from the denial of applications by minors for social security benefits were brought on their behalves by their parents, who are not attorneys. Relying on Second Circuit decisions holding, generally, that non-attorney parents may not represent their children in litigation, the Commissioner of Social Security (the "government") argues in...

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