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RUDYKOFF v. APFEL

Docket No. 99-6056.

193 F.3d 579 (1999)

David RUDYKOFF, Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 8, 1999.

Attorney(s) appearing for the Case

David Rudykoff, Sarasota, FL, Plaintiff-Appellant Pro Se.

Nancy A. Miller, Assistant United States Attorney, Brooklyn, N.Y. (Zachary W. Carter, United States Attorney, Varuni Nelson and Kathleen A. Mahoney, Assistant United States Attorneys, of counsel), for Defendant-Appellee.

Before: OAKES, KEARSE and CABRANES, Circuit Judges.

PER CURIAM:

David Rudykoff, appellant pro se, challenged the constitutionality of the Windfall Elimination Provision (WEP) of the Social Security Act, 42 U.S.C. § 415(a)(7). After exhausting his administrative remedies before the Social Security Administration (SSA), Rudykoff brought an action in the United States District Court for the Eastern District of New York seeking review of the decision to reduce his benefits pursuant to the WEP. Rudykoff now...

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