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DIAZ ON BEHALF OF PENA v. APFEL

No. 96 Civ. 1581(LAK).

994 F.Supp. 541 (1998)

Emilia DIAZ on Behalf of Dauris PENA, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant.

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

February 23, 1998.

Attorney(s) appearing for the Case

Emilia Diaz on behalf of Dauris Pena, pro se.

Linda A. Riffkin, Asst. U.S. Atty., Mary Jo White, U.S. Atty., New York City, for Defendant.

MEMORANDUM OPINION

KAPLAN, District Judge.

Plaintiff Emilia Diaz, on behalf of her minor son Dauris Pena, brings this action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) challenging the final determination of the Commissioner of Social Security ("Commissioner") denying her application for disabled child Supplemental Security Income ("SSI") disability benefits. Pending before the Court is the Commissioner's motion for judgment on the pleadings...

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