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DONALDSON v. SECRETARY OF HEALTH & HUMAN SERVICES

No. CIV-82-725C.

567 F.Supp. 166 (1983)

Kathleen M. DONALDSON, o/b/o Kristen M. Donaldson, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

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

June 17, 1983.

Attorney(s) appearing for the Case

Robshaw & Abramowitz, Buffalo, N.Y. (Philip B. Abramowitz, Buffalo, N.Y., of counsel), for plaintiff.

Salvatore R. Martoche, U.S. Atty., Buffalo, N.Y. (Jack S. Penca, Asst. U.S. Atty., Buffalo, N.Y., of counsel), for defendant.

CURTIN, Chief Judge.

This matter concerns plaintiff's application for surviving child insurance benefits authorized pursuant to section 202(d)(1) of the Social Security Act, 42 U.S.C. § 402(d)(1). The Administrative Law Judge [ALJ], before whom plaintiff initially appeared, determined that plaintiff was eligible for these benefits on March 9, 1982, under 42 U.S.C. §§ 216(h)(2) and 216(h)(3). Subsequently, the Appeals Council, on its own motion, reversed...

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