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ENCARNACION EX REL. GEORGE v. ASTRUE

Docket No. 07-3550-cv.

568 F.3d 72 (2009)

Elisa ENCARNACION, on behalf of Arlene GEORGE, Ana Lora, on behalf of Michelle Tavares, Hortensia Lacayo, Matthew Lacayo, and Rosa Veloz, on behalf of Ben-Hamir Collado, Plaintiffs-Appellants, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Last Submission: February 24, 2009.

Decided: June 4, 2009.

Attorney(s) appearing for the Case

Jeffrey S. Trachtman, Kramer Levin Naftalis & Frankel LLP (Jessica Glass, Kramer Levin Naftalis & Frankel LLP; James M. Baker, Christopher James Bowes, Center for Disability Advocacy Rights; Kenneth Rosenfeld, Matthew J. Chachere, Northern Manhattan Improvement Corporation Legal Services, on the brief), New York, New York, for Plaintiffs-Appellants.

Susan D. Baird, Assistant U.S. Attorney (Michael J. Garcia, U.S. Attorney for the Southern District of New York, David S. Jones, Assistant U.S. Attorney, on the brief), New York, New York, for Defendant-Appellee.

Before: McLAUGHLIN, WESLEY, and HALL, Circuit Judges.

McLAUGHLIN, Circuit Judge:

The plaintiffs represent a putative class of children whose parents claim that the Commissioner of Social Security (the "Commissioner") has implemented a policy (the "Policy") that excludes some children from eligibility for Supplemental Security Income Benefits ("SSI Benefits") in a manner that violates the Social Security Act (the "Act") and the Commissioner's own regulations. Pursuant to those regulations, childhood disability is determined...

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