TORRES v. SECRETARY OF HEALTH, EDUCATION, AND WELFARE

No. 72-1073.

475 F.2d 466 (1973)

Ana Lillian TORRES, Representing Luis A. Davila, Plaintiff, Appellant, v. SECRETARY OF HEALTH, EDUCATION, AND WELFARE, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 23, 1973.


Attorney(s) appearing for the Case

Luis F. Abreu Elias, Rio Piedras, P. R., for appellant.

James C. Hair, Jr., Atty., Dept. of Justice, with whom Harlington Wood, Jr., Asst. Atty. Gen., Julio Morales-Sanchez, U. S. Atty., Kathryn H. Baldwin, and Jean A. Staudt, Attys., Dept. of Justice, were on brief, for appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.


CAMPBELL, Circuit Judge.

Appellant's husband (hereinafter "claimant") was recently found by the appellee to be entitled to disability insurance benefits under Section 223 of the Social Security Act, 42 U.S.C. § 423 (the "Act"). She now seeks, on his behalf, to recover benefits retroactively under a previous claim of his which had been denied. The Secretary has ruled, under his regulations, that reopening is time-barred; and the sole question is whether claimant...

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