Anthony CICCONE, Plaintiff-Appellant, v. SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES OF the UNITED STATES, Defendant-Appellee

MESKILL, Circuit Judge:

Plaintiff-appellant Anthony Ciccone appeals from an order entered in the United States District Court for the Eastern District of New York, Nickerson, J., dismissing his appeal from a decision of the Secretary of the Department of Health and Human Services (Secretary). Ciccone claims that the Secretary improperly denied his application for retirement benefits in violation of statute and the Fifth Amendment to the United States Constitution.

The district court concluded that Cic-cone’s refusal to state his former occupation constituted a valid reason to deny his claim and…