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MONGER v. BOWEN

No. 86-1617.

817 F.2d 15 (1987)

William A. MONGER, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary, Department of Health and Human Services; Ivan Norman Ratesic; Richard Israel, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided April 28, 1987.

Attorney(s) appearing for the Case

Scott D. Earnshaw, Dept. of Justice (Richard K. Willard, Asst. Atty. Gen., Washington, D.C.; John P. Alderman, U.S. Atty., Roanoke, Va.; Michael Jay Singer, Dept. of Justice, Washington, D.C., on brief), for defendants-appellants.

Calvin Waverly Parker, Stanardsville, Va., for plaintiff-appellee.

Before SPROUSE and ERVIN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

ERVIN, Circuit Judge:

In this case we are called upon to construe the regulations governing the reopening of a denial of social security benefits. We conclude that 20 C.F.R. § 404.988(a) (1986) gives the Secretary of Health and Human Services ("the Secretary") discretion in deciding whether or not to reopen benefits determinations. Accordingly, we reverse the writ of mandamus requiring the Secretary to reopen the denial of the claimant's benefits.

I...

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