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WIGHTMAN v. SECRETARY OF DEPT. OF HEALTH, ETC.

Civ-78-643.

496 F.Supp. 21 (1980)

Richard WIGHTMAN, Plaintiff, v. SECRETARY OF the DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, Defendant.

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

May 12, 1980.

Attorney(s) appearing for the Case

Southern Tier Legal Services, Corning, N.Y. (Paul M. Ryther, Corning, N.Y., of counsel), for plaintiff.

Richard J. Arcara, U.S. Atty., Buffalo (Michael A. Brady, Asst. U.S. Atty., Buffalo, N.Y., Frank V. Smith, III, Acting Regional Atty., Region II and Marla G. Simpson, Asst. Regional Atty., Dept. of Health, Education and Welfare, New York City, of counsel), for defendant.

CURTIN, Chief Judge.

FACTS

This is a Social Security disability case in which the claimant moves to reinstate his reduced benefits. The case involves several novel legal issues so I have set out the facts in some detail.

Plaintiff Richard Wightman is disabled. There is no dispute about his eligibility for Supplementary Security Income [SSI] benefits.1 He lives with his mother and stepfather in Wellsville, New York...

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