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ENCARNACION EX REL. GEORGE v. BARNHART

No. 00 CIV 6597(LTS)(THK).

191 F.Supp.2d 463 (2002)

Elisa ENCARNACION on Behalf of Arlene GEORGE, Ana Felipe on Behalf of Victoria Felipe, Margarita Guzman on Behalf of Eric Garcia, and Sandra Perez on Behalf of Maurice Perez, on behalf of themselves and all other persons similarly situated, Plaintiff(s), v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant(s).

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

March 29, 2002.

Attorney(s) appearing for the Case

Center for Disability Advocacy Rights, Inc., By James M. Baker, Esq., Christopher James Bowes, Esq., Kramer Levin Naftalis & Frankel LLP, By Jeffrey S. Trachtman, Esq., Michelle A. Rossettie, Esq., Northern Manhattan Improvement Corporation, By Kenneth Rosenfeld, Esq., Matthew Chachere, Esq., New York City, for Plaintiffs.

James B. Comey, United States Attorney for the Southern District of New York, By Susan D. Baird, Esq., New York City, for Defendant.

OPINION AND ORDER ON MOTION TO DISMISS AND FOR JUDGMENT ON THE PLEADINGS AND ON MOTION FOR CLASS CERTIFICATION

SWAIN, District Judge.

This lawsuit, plead in relevant part as a class action, challenges the method by which the Commissioner of Social Security ("Commissioner" or "Defendant") determines disability in children for the purpose of awarding benefits under the Supplemental Security Income ("SSI") program, which is administered by the federal...

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