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DAVILA v. BARNHART

No. 02 Civ. 194 (DLC).

225 F.Supp.2d 337 (2002)

Juanita DAVILA, Plaintiff, v. Jo Anne BARNHART, Commissioner of Social Security, Defendant.

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

July 17, 2002.

Attorney(s) appearing for the Case

Christopher James Bowes, Center for Disability Advocacy Rights, Inc., New York City, for plaintiff.

Lorraine S. Novinski, Assistant United States Attorney United States Attorney's Office, New York City, for defendant.

MEMORANDUM OPINION AND ORDER

COTE, District Judge.

In this case the Court must determine whether an attorney's miscalculation of a filing deadline will deprive a social security claimant of the right to appeal the adverse decision of the Commissioner of Social Security (the "Commissioner") when the appeal was filed one day too late. Plaintiff Juanita Davila ("Davila") commenced this action pursuant to 42 U.S.C. § 405(g), for judicial review of...

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