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DIAZ v. BOWEN

No. 83 Civ. 9057 (PNL).

664 F.Supp. 725 (1987)

Jose DIAZ, Plaintiff, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant.

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

March 30, 1987.

Attorney(s) appearing for the Case

Stacy Cromidas, Staff Atty., The Legal Aid Soc., Civil Div., Bronx, N.Y., for plaintiff.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City by Neal S. Mann, Sp. Asst. U.S. Atty., for defendant.

MEMORANDUM AND ORDER

LEVAL, District Judge.

Plaintiff seeks review under 42 U.S.C. §§ 405(g) and 1383(c)(3) of the Secretary's determination denying his application for Disability Insurance Benefits and Supplemental Security Income. Both parties moved for judgment on the pleadings and the case was referred to Magistrate Gershon.

The Magistrate found that the Secretary had improperly ignored plaintiff's subjective allegations of pain and...

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