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ROSARIO v. SCHWEIKER

No. 82 C 0155.

550 F.Supp. 118 (1982)

Maria ROSARIO, Plaintiff, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant.

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

October 28, 1982.

Attorney(s) appearing for the Case

Irwin B. Silverman, Brooklyn, N.Y., for plaintiff.

Raymond J. Dearie, U. S. Atty., Brooklyn, N.Y. (Winstanley F. Luke, Asst. U. S. Atty., Brooklyn, N.Y., Donald A. Gonya, Asst. Gen. Counsel, Randolph W. Gaines, Chief of Litigation, Social Sec. Div., Dept. of Health and Human Services, Baltimore, Md., of counsel), for defendant.

MEMORANDUM AND ORDER

NICKERSON, District Judge.

Plaintiff brought this action under Section 205(g) of the Social Security Act (the Act), as amended, 42 U.S.C. § 405(g), to review defendant's dismissal of plaintiff's request for a hearing on her claim for disability benefits under Title XVI of the Act. Defendant moves to dismiss for lack of subject matter jurisdiction. Plaintiff's cross-motion for a judgment reversing defendant's decision presents matters...

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