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WILSON v. SECRETARY OF HEALTH & HUMAN SERVICES

No. 81-1188.

671 F.2d 673 (1982)

Helen A. WILSON, as Representative Payee for Roland D. Wilson, Social Security # 004-54-7227, on behalf of herself and all others similarly situated, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 8, 1982.

Attorney(s) appearing for the Case

James R. Crotteau, Machias, Me., with whom Hugh Calkins, Portland, Me., was on brief, for plaintiff, appellant.

Robert J. Triba, Asst. Regional Atty., Boston, Mass., with whom Richard S. Cohen, U. S. Atty., and William H. Browder, Jr., Asst. U. S. Atty., Portland, Me., were on brief, for defendant, appellee.

Before COFFIN, Chief Judge, DAVIS, Judge, and BREYER, Circuit Judge.

BREYER, Circuit Judge.

Appellant, Helen Wilson, filed a district court action attacking the reduction of her social security benefits. She claimed that the regulation authorizing the reduction was outside the agency's statutory powers. The district court dismissed her action (and denied her request for class certification) because she had not properly exhausted her agency remedies (i.e., there was no "final" agency decision to review) and because, in any event...

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