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

No. 79 Civ. 6167.

501 F.Supp. 236 (1980)

Frank CORREA, Plaintiff, v. SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant.

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

November 10, 1980.

Attorney(s) appearing for the Case

Binder, Binder & Cooper, Patchogue, N.Y., for plaintiff; David Cooper, New York City, of counsel.

John S. Martin, Jr., U. S. Atty. S.D.N.Y., William J. Brennan, Asst. U. S. Atty., Frank V. Smith, Regional Atty., Barbara Spivak, Asst. Regional Attorney, Dep't of Health & Human Services, New York City, for defendant.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiff Frank Correa commenced this action pursuant to 42 U.S.C., section 405(g) to review a final determination of the Secretary of Health and Human Services ("Secretary") that his period of disability, and his consequent entitlement to disability insurance benefits, ended in January 1978. Both Correa and the Secretary now move under Rule 12(c) of the Federal Rules of Civil Procedure for judgment on the pleadings...

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