Elisa ENCARNACION o/b/o Arlene GEORGE, a minor; Ana Felipe o/b/o Victoria Felipe, Margarita Guzman o/b/o Eric Garcia, and Sandra Perez o/b/o Maurice Perez, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellants,
v.
Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellee,
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: February 26, 2003.
Decided: May 28, 2003.
Attorney(s) appearing for the Case
Jeffrey S. Trachtman, Kramer Levin Naftalis & Frankel LLP, New York, NY; (James M. Baker, Christoper J. Bowes, Michelle R. Duran, Kenneth Rosenfeld, Center for Disability Advocacy Rights, Inc, New York, NY; Matthew J. Chachere, Northern Manhattan Improvement Corp. Legal Services, New York, NY, on the brief) for Plaintiffs-Appellants Elisa Encarnacion o/b/o Arlene George; Ana Felipe o/b/o Victoria Felipe; Margarita Guzman o/b/o Eric Garcia; Sandra Perez o/b/o Maurice Perez; and all others similarly situated.
Susan D. Baird, Assistant United States Attorney (James B. Comey, United States Attorney for the Southern District of New York, Gideon A. Schor, Assistant United States Attorney, on the brief) for Defendant-Appellee Jo Anne B. Barnhart, Commissioner of Social Security.
Richard P. Weishaupt, Jonathan M. Stein, Robert Lukens, Community Legal Services, Inc., Philadelphia, PA; Ira Burnim, Jennifer Mathis, Judge David L. Bazelon Center for Mental Health Law, Washington, D.C., for Amici Curiae American Psychiatric Association, National Mental Health Association, National Alliance for the Mentally Ill, American Orthopsychiatric Association, Children's Defense Fund, Children's Rights Inc., & New York State Association of School Psychologists.
Before: STRAUB, KATZMANN, and RAGGI, Circuit Judges.
United States Court of Appeals, Second Circuit.
Circuit Judge RAGGI concurs in a separate opinion.
KATZMANN, Circuit Judge.
The Plaintiffs are parents, appearing on behalf of their own minor children as well as a proposed class of similarly situated children, all of whom have sought and were denied benefits under the federal Supplemental Security Income for the Aged, Blind, and Disabled program, 42 U.S.C. §§ 1381-1383f (2000) ("SSI"). The Social Security Administration ("SSA") administers the...
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