COOLEY v. WEINBERGER

No. 74-1740.

518 F.2d 1151 (1975)

Doris COOLEY, Appellant, v. Caspar W. WEINBERGER, Secretary of Health, Education & Welfare of the United States of America, Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied August 14, 1975.


Attorney(s) appearing for the Case

James B. Bratton, Gary W. Dugger, McAlester, Okl., and Bratton, Allford & Ashmore, McAlester, Okl., of counsel, for appellant.

Richard A. Pyle, U.S. Atty., and Betty R. Outhier, Asst. U.S. Atty., for appellee.

Before SETH, McWILLIAMS and BARRETT, Circuit Judges.


McWILLIAMS, Circuit Judge.

This case concerns a claim for mother's insurance benefits under the Social Security Act. 42 U.S.C. § 402(g). Doris Cooley, the claimant, filed an application for the benefits resulting from the death of her husband, Melvin K. Cooley, the wage earner. The application was denied and Doris Cooley's request for a hearing was later denied on the grounds that the request itself had not been timely filed. However, on appeal the Social Security...

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