FARLEY v. CALIFANO

No. 78-1225.

599 F.2d 606 (1979)

Tom FARLEY, Plaintiff-Appellee, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 7, 1979.


Attorney(s) appearing for the Case

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Robert B. King, U. S. Atty., Charleston, W. Va., and Alan M. Grochal, Atty., Dept. of Health, Education and Welfare, Washington, D. C., on brief, for defendant-appellant.

Amos Wilson, Logan, W. Va., John R. Mitchell, Charleston, W. Va. (Di Trapano, Mitchell, Lawson & Field, Charleston, W. Va., on brief), for plaintiff-appellee.

Before BUTZNER and PHILLIPS, Circuit Judges and DUMBAULD, Senior United States District Judge.


DUMBAULD, Senior District Judge:

Appellant filed a claim for disability benefits under the Social Security Act, 42 U.S.C. 423, on February 22, 1971. His claim was denied on April 2, 1971, on the ground that he was not disabled, so as to be entitled to benefits, at any time on or before June 30, 1968, when his insured status expired. No judicial review was sought. On December 1, 1972, he filed a second claim, which was granted, effective March 31, 1969. On protest...

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