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HOLLMAN v. DEPARTMENT OF HEALTH & HUMAN SERVICES

No. 78 Civ. 1155(MP).

520 F.Supp. 1019 (1981)

Emanuel HOLLMAN, Plaintiff, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant.

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

August 25, 1981.

Attorney(s) appearing for the Case

Kathleen L. Coles, New York City, for plaintiff.

John S. Martin, Jr., U. S. Atty., S. D. New York by Barbara L. Schulman, Asst. U. S. Atty., New York City, for defendant.

OPINION

MILTON POLLACK, District Judge.

Mr. Hollman seeks to have his Social Security benefits recalculated to reflect additional self-employment earnings for the years 1952 through 1955. The Secretary has denied his request on the ground that the time limitation for amendment of earnings records as set forth in Section 205(c) of the Social Security Act, 42 U.S.C. § 405(c), has run. Mr. Hollman contends that the limitation period was tolled (1) by his...

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