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McKENTRY v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 80-1248.

655 F.2d 721 (1981)

Bessie McKENTRY, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 24, 1981.

Attorney(s) appearing for the Case

Seymour L. Muskovitz, McCroskey, Libner, Van Leuven, Feldman, Kortering, Cochrane & Brock, Muskegon, Mich., for plaintiff-appellant.

James S. Brady, U. S. Atty., Robert C. Greene, Asst. U. S. Atty., Grand Rapids, Mich., Joseph S. Friedman, Trial Atty., Social Security Div., Baltimore, Md., for defendant-appellee.

Before MERRITT and JONES, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

PHILLIPS, Senior Circuit Judge.

Ms. Bessie McKentry filed an application for disability insurance benefits under the Social Security Act on January 12, 1977. Her claim was denied without a hearing on its merits in a series of technical departmental procedures, culminating in an administrative determination that claimant failed to request a hearing and reconsideration of the initial denial of her claim within 60 days of the date of the Department's reconsideration...

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