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McCLAIN v. BARNHART

No. 02 CIV. 2842.

299 F.Supp.2d 309 (2004)

Tomasina McCLAIN o/b/o Jeffrey McClain, a minor, Plaintiff, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant.

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

January 28, 2004.

Attorney(s) appearing for the Case

James M. Baker, Esq., Center for Disability Advocacy Rights, Inc., New York, NY, for plaintiff.

Lorraine S. Novinski, Esq., Assistant United States Attorney, New York, NY, for defendant.

DECISION AND ORDER

MARRERO, District Judge.

I. BACKGROUND AND PRIOR PROCEEDINGS

Plaintiff Tomasina McClain ("McClain") commenced this action on behalf of her son, Jeffrey McClain ("Jeffrey"), pursuant to §§ 205(g) and 1631(c)(3) of the Social Security Act, 42 U.S.C. §§ 405(g) and 1383(c)(3). She seeks review of the determination by the United States...

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