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RASHAD v. SULLIVAN

No. 89-35521.

903 F.2d 1229 (1990)

Khalilah I. RASHAD, as mother and guardian ad litem of Khamilah A. Brisker-Rashad, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 18, 1990.

Attorney(s) appearing for the Case

Lembhard G. Howell, Seattle, Wash., for plaintiff-appellant.

Ben A. Porter, Asst. Regional Counsel, Dept. of Health and Human Services, Seattle, Wash., for defendant-appellee.

Before WRIGHT, POOLE and BRUNETTI, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

We review an administrative law judge's finding that Khalilah Rashad did not before 1985 attempt to file an application for child's insurance benefits under 42 U.S.C. § 402(d)(1) for Khamilah Brisker-Rashad.

BACKGROUND

John Brisker, a former professional basketball player, went to Africa to set up an import-export business. He disappeared there and has not been heard from since April 1978.

In June 1985...

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