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SIZEMORE v. HECKLER

No. 84 C 6757.

608 F.Supp. 911 (1985)

Alpha SIZEMORE, Plaintiff, v. Margaret HECKLER, Secretary of the Department of Health and Human Services, Defendant.

United States District Court, N.D. Illinois, E.D.

April 4, 1985.

Attorney(s) appearing for the Case

Helen Cropper, Uptown Office Legal Assistance Foundation of Chicago, Chicago, Ill., for plaintiff.

Edward J. Moran, Asst. U.S. Atty., Chicago, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

PLUNKETT, District Judge.

With this case we address the controversial issue of whether or not a terminated social security disability claimant, whose suit in federal court seeks, as one of two alternative remedies, a remand order to the Secretary of Health and Human Services (the "Secretary") for a redetermination of eligibility, and whose claim is in fact remanded by this court to the Secretary, is a "prevailing party" and entitled...

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