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JOHNSON v. UNITED STATES

No. 76-1802.

572 F.2d 697 (1978)

Steven E. JOHNSON, a minor, by his guardian ad litem, Gordon C. Johnson, Plaintiff-Appellant, v. The UNITED STATES of America and Casper Weinberger, Secretary of Health, Education and Welfare, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

March 28, 1978.

Attorney(s) appearing for the Case

R. G. Schimanski (argued), of Schimanski & Leeds, Spokane, Wash., for plaintiff-appellant.

James B. Crum, Asst. U.S. Atty. (argued), Spokane, Wash., for defendants-appellees.

Before ANDERSON and HUG, Circuit Judges, and MUECKE, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

The central issue on appeal is whether filing is a substantive condition to receiving benefits under the Social Security Act when the applicant is a minor seeking retroactive benefits. We hold it is and affirm the district court's grant of summary judgment upholding the Secretary's denial of retroactive benefits beyond one year.

In July 1957, Richard and Patricia Potts were in the process of adopting appellant, then an infant...

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