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RICE v. HECKLER

No. 83 Civ. 5424 (MEL).

640 F.Supp. 1051 (1986)

Trueman RICE, individually and on behalf of all others similarly situated, Plaintiff, v. Margaret M. HECKLER, Secretary of Health and Human Services, and Cesar A. Perales, Commissioner of the State of New York Department of Social Services, Defendants.

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

July 31, 1986.

Attorney(s) appearing for the Case

John E. Kirklin, Director of Litigation, The Legal Aid Society, Civil Appeals & Law Reform Unit, New York City, Marshall Green, Attorney-in-Charge, The Legal Aid Society, Bronx, N.Y., for plaintiff; Nancy Morawetz, New York City, Ian Feldman, Bronx, N.Y., of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., Elizabeth Dusanewskyj, Asst. Regional Counsel, Department of Health and Human Services, New York City, for defendant Margaret Heckler; Jonathan A. Lindsey, Paul K. Milmed, Asst. U.S. Attys., of counsel.

LASKER, District Judge.

On July 21, 1983 Trueman Rice filed this Social Security action on behalf of himself and other New York residents who, pursuant to 42 U.S.C. § 1382c(a)(3)(E) (1976), had been "`grandfathered' into the [Supplementary Security Income ("SSI")] program on January 1, 1974 because they had been recipients of benefits under the State of New York's Aid to the Disabled Program."

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