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HAYES v. CELEBREZZE

No. 21696.

349 F.2d 561 (1965)

Thomas O. HAYES, Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Fifth Circuit.

July 12, 1965.

Attorney(s) appearing for the Case

James L. Shores, Jr., Birmingham, Ala., for appellant.

L. Wayne Collier, Asst. U. S. Atty., Macon L. Weaver, U. S. Atty., Birmingham, Ala., for appellee.

Before WOODBURY, WISDOM, and BELL, Circuit Judges.

WISDOM, Circuit Judge.

This action for disability benefits under the Social Security Act1 raises a question of statutory construction: Assuming that the claimant did not meet the requirements of the act in 1957 when he filed his application, does the statute permit or require this filing to be treated as a continuing application effective in 1961 when, admittedly, the claimant met the disability requirements.

Thomas Hayes could...

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