Court of Appeals for the Second Circuit April 16, 1984, No. 1076, Docket 84-6008 (Keith v. Heckler)

FRIENDLY, Circuit Judge:

James Keith appeals from an order of Judge Glasser in the District Court for the Eastern District Court of New York, which granted a motion by the Secretary of Health and Human Services (the Secretary) under Fed.R.Civ.P. 12(c) to dismiss his action to set aside the Secretary’s denial of his claims for the establishment of a period of disability, 42 U.S.C.