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FOGARTY v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. CIV-86-386C.

690 F.Supp. 166 (1988)

Donna FOGARTY, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

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

July 26, 1988.

Attorney(s) appearing for the Case

Erie County Chapter, New York State Ass'n for Retarded Children, Inc., (Judith K. Munger, of counsel), Buffalo, N.Y., for plaintiff.

Roger P. Williams, U.S. Atty. (Daniel C. Oliverio, of counsel), Buffalo, N.Y., for defendant.

CURTIN, Chief Judge.

Plaintiff, Donna Fogarty, filed applications for disability insurance benefits and child's insurance benefits on June 15, 1984. These applications were denied initially and on reconsideration. T. 40-43; 52-54. Plaintiff requested a hearing before an ALJ, and on March 26, 1985, plaintiff and her mother appeared at the administrative hearing without counsel. T. 19. On April 26, 1985, the ALJ found that plaintiff was not under a disability, because...

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