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HOLMES v. WEINBERGER

No. 75 C 1036.

423 F.Supp. 149 (1976)

Mary HOLMES, as mother and natural guardian on behalf of Allen Thompson, Jr., an infant over the age of 14 years, Plaintiff, v. Caspar W. WEINBERGER, Secretary of Health, Education, and Welfare, Defendant.

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

December 15, 1976.

Attorney(s) appearing for the Case

Morris Rubin, Brooklyn, N.Y., for plaintiff.

David Trager, U.S. Atty., E.D.N.Y., Lewis F. Tesser, Asst. U.S. Atty., Brooklyn, N.Y., for defendant.

GEORGE C. PRATT, District Judge:

On January 20, 1975, an administrative law judge of the Social Security Administration (the Administration) held that plaintiff's son was entitled under 42 U.S.C. § 402(d) to surviving child's insurance benefits retroactive to 1967. But on May 5, 1975, the Administration's Appeals Council reversed. Acknowledging that plaintiff had contacted the Administration in 1967 in order to secure benefits on behalf of her son, the Council...

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