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MITCHELL v. HARRIS

Civ. A. No. 78-2706.

496 F.Supp. 230 (1980)

Lucille MITCHELL, Plaintiff, v. Patricia Roberts HARRIS, Secretary of Health, Education and Welfare, Defendant.

United States District Court, D. New Jersey.

September 2, 1980.

Attorney(s) appearing for the Case

Hudson County Legal Services Corp. by Theodore A. Gardner, Jersey City, N. J., for plaintiff.

William W. Robertson, U. S. Atty., Newark, N. J. by Elizabeth T. Barlow, Asst. U. S. Atty., Newark, N. J., for defendant.

OPINION

MEANOR, District Judge.

I

This case presents a novel response to a not-so-novel dilemma: The statutory bar on retroactive social security benefits affecting potential beneficiaries who have failed to make timely application for such benefits.

The uncontested facts are as follows: for 24 years prior to 1968, plaintiff Lucille Mitchell worked as a laborer in a cafeteria and, thereafter, as a packer in the garment industry. During...

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