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KOSS v. SCHWEIKER

No. 81 Civ. 8034(CES).

582 F.Supp. 518 (1984)

Barry KOSS, Plaintiff, v. Richard S. SCHWEIKER, Secretary of Department of Health and Human Services, Defendant.

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

February 22, 1984.

Attorney(s) appearing for the Case

James F. Simermeyer, New York City, for plaintiff; Harry Wallace, New York City, of counsel.

John S. Martin, U.S. Atty., New York City, for defendant; Stanley D. Davis, Asst. U.S. Atty., New York City, of counsel.

STEWART, District Judge:

Plaintiff Barry Koss brings this action to review a final determination of the Secretary of Health and Human Services ("Secretary") in which his application for a period of disability and disability insurance benefits was denied. Plaintiff has moved for summary judgment and the Secretary has cross-moved for judgment on the pleadings. We conclude that the case must be remanded for further proceedings.

In July, 1972 plaintiff, now about...

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