BAKER ON BEHALF OF BAKER v. SULLIVAN

No. 88-3113.

880 F.2d 319 (1989)

Laurene BAKER on Behalf of Melinda BAKER, Hosie Baker, Jr. Plaintiffs-Appellants, v. Louis SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 10, 1989.


Attorney(s) appearing for the Case

Lester C. Wisotsky, Orlando, Fla., for plaintiffs-appellants.

Walter J. Postula, Asst. U.S. Atty., Orlando, Fla., Stanley Ericsson, Dept. of Health & Human Services, Baltimore, Md., for defendant-appellee.

Before RONEY, Chief Judge, COX, Circuit Judge, and MORGAN, Senior Circuit Judge.


RONEY, Chief Judge:

This is an appeal of a final decision of the Secretary denying children's benefits under the Social Security Act. 42 U.S.C.A. § 416(h)(2)(A). We affirm the denial of benefits concerning the 1979 application. We reverse the district court's determination concerning benefits granted in 1985, however, on the ground that the Secretary improperly reopened a prior award of benefits.

The facts are a bit unusual. In 1979, Laurene Baker applied...

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