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WOLCHUCK v. BOWEN

No. 88-5980.

871 F.2d 869 (1989)

Harvey WOLCHUCK, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 30, 1989.

Attorney(s) appearing for the Case

Edmund Parent, Santa Barbara, Cal., for plaintiff-appellant.

Nancy E. Wever, Asst. Regional Counsel, Dept. of Health and Human Services, San Francisco, Cal., for defendant-appellee.

Before FLETCHER, PREGERSON and LEAVY, Circuit Judges.

PREGERSON, Circuit Judge:

The district court upheld the final decision of the Secretary of Health and Human Services (HHS) that appellant Harvey Wolchuck, who applied for father's insurance benefits in 1985, was not entitled to retroactive benefits from the time of his wife's death in 1981 because he did not express an "intent" to apply for benefits in an application form he submitted to HHS at that time. We reverse the district court on the ground that under the...

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