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MILLER v. RICHARDSON

No. 69 Civ. 1321.

333 F.Supp. 218 (1971)

Jerome J. MILLER, Plaintiff, v. Elliott L. RICHARDSON, Secretary of Health, Education and Welfare, Defendant.

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

October 28, 1971.

Attorney(s) appearing for the Case

Harry Gold, Kingston, N. Y., for plaintiff.

Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., for defendants, by T. Gorman Reilly, New York City, of counsel.

GURFEIN, District Judge.

This action was brought to recover old age insurance benefit payments under § 202(a) of the Social Security Act, 42 U. S.C. § 402(a) (1970). The plaintiff applied for benefits under the Act, and although he was found qualified to receive such benefits, deductions were taken for those months in which the plaintiff's hours of work exceeded limits prescribed by the regulations. The plaintiff's request for reconsideration of that determination...

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