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KOZACZKA v. SCHWEIKER

No. CIV-80-533E.

520 F.Supp. 1189 (1981)

Donald Joseph KOZACZKA, Plaintiff, v. Richard SCHWEIKER, Secretary, Department of Health and Human Services, Defendant.

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

September 3, 1981.

Attorney(s) appearing for the Case

Gerald P. Seipp, Legal Assistance Program, S.U.N.Y., Buffalo, N. Y., for plaintiff.

Roger P. Williams, Acting U. S. Atty., Buffalo, N. Y. (Cheryl S. Fisher, Asst. U. S. Atty., Buffalo, N. Y., of counsel), for defendant.

MEMORANDUM AND ORDER

ELFVIN, District Judge.

This is an action to review the Secretary's denial of plaintiff's applications for disability insurance benefits and supplemental security income ("SSI"). 42 U.S.C. §§ 405(g), 1383(c)(3). Both parties have moved for summary judgment. I have concluded that the Secretary's decisions must be reversed and the case remanded for further proceedings.

In August, 1973 the Erie County (N.Y.) Department...

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