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TORRES v. BARNHART

Docket No. 03-6262.

417 F.3d 276 (2005)

Bernardo A. TORRES, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 3, 2005.

Attorney(s) appearing for the Case

James L. Bernard, Stroock & Stroock & Lavan LLP, New York, New York (James M. Baker, Center for Disability Advocacy Rights, Inc., New York, New York, on the brief), for Plaintiff-Appellant.

Susan D. Baird, Assistant United States Attorney (David N. Kelley, United States Attorney for the Southern District of New York, Jeffrey S. Oestericher, Assistant United States Attorney, on the brief), New York, New York, for Defendant-Appellee.

Before: JACOBS and CALABRESI, Circuit Judges, and RAKOFF, District Judge.

Judge Jacobs joins the opinion and concurs in a separate opinion.

RAKOFF, District Judge.

In May 2002, the Appeals Council of the Social Security Administration (the "SSA") denied appellant Bernardo Torres' appeal from a denial by an Administrative Law Judge ("ALJ") of Torres' application for disability benefits under the Supplemental Security Income program. Torres had 60 days to challenge this denial by bringing a complaint in the district court, but it...

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