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DAVIS v. SHALALA

No. CV 93-3666.

883 F.Supp. 828 (1995)

Thomas DAVIS, Plaintiff, v. Donna SHALALA, Secretary of the Department of Health & Human Services, Defendant.

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

March 31, 1995.

Attorney(s) appearing for the Case

Binder & Binder (Charles E. Binder, of counsel), Hauppauge, NY, for plaintiff.

Zachary W. Carter, U.S. Atty., E.D.N.Y. by Sarah J. Lum, Asst. U.S. Atty., Brooklyn, for defendant Secretary.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge:

The plaintiff, Thomas Davis ("plaintiff" or "Davis") appeals a decision by the Secretary of the Department of Health and Human Services ("Secretary") denying him Social Security disability benefits under section 223 of the Social Security Act, 42 U.S.C. § 423 (1988) ("Title II"). Davis moves pursuant to Rule 12(c) of the Federal Rules of Civil Procedure for a judgment on the pleadings in his favor...

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