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MENDOZA v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 80-1461.

655 F.2d 10 (1981)

Cynthia MENDOZA, etc., et al., Plaintiffs, Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 20, 1981.

Attorney(s) appearing for the Case

Florencio G. Vega Diaz and Rafael Carreras Valle, Rio Piedras, P.R., on brief for plaintiffs, appellants.

Alice Daniel, Asst. Atty. Gen., Washington, D.C., Julio Morales-Sanchez, U.S. Atty., Ramon L. Walker-Mereno, Asst. U.S. Atty., San Juan, P.R., Randolph W. Gains, Chief of Litigation, and Natalie R. Dethloff, Atty., Dept. of Health and Human Services, Washington, D.C., on brief for defendant, appellee.

Before CAMPBELL, BOWNES and BREYER, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

Cynthia Mendoza, a minor, acting through her representative, applied in March of 1976 for child's insurance benefits under section 202(d) of the Social Security Act, 42 U.S.C. § 402(d). After her claim had been denied originally and upon reconsideration, it was heard by an administrative law judge (ALJ). The adverse decision of the ALJ became the final decision of the Secretary when approved by the Appeals Council on March 5...

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