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PASCUCCI v. BOWEN

No. 85 C 3996.

659 F.Supp. 1002 (1987)

Thelma PASCUCCI, Plaintiff, v. Otis R. BOWEN, M.D., Secretary of United States Dept. of Health and Human Services, Defendant.

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

May 19, 1987.

Attorney(s) appearing for the Case

Milbank, Tweed, Hadley & McCloy (Clark L. Taber, of counsel), New York City, for plaintiff.

Andrew J. Maloney, U.S. Atty. (Peter R. Ginsberg, Asst. U.S. Atty., of counsel), Brooklyn, N.Y., for defendant.

NICKERSON, District Judge.

Plaintiff Thelma Pascucci brought this action under 42 U.S.C. § 405(g) to review a final determination of defendant denying plaintiff's application for wife's insurance benefits.

Under 42 U.S.C. § 402(b)(1) a "wife" of an individual entitled to old-age insurance benefits is herself entitled to apply for benefits. Under 42 U.S.C. § 416(h)(1)(A) an applicant is the "wife...

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