BANTA v. SULLIVAN

No. 89-55895.

925 F.2d 343 (1991)

Katherine K. BANTA, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 6, 1991.


Attorney(s) appearing for the Case

Thomas Garrett Roche, Law Office of Robert Hoad, San Diego, Cal., for plaintiff-appellant.

Etzion Brand, Supervisory Trial Atty., Office of the Gen. Counsel, Social Sec. Div., Dept. of Health and Human Services, Baltimore, Md., for defendant-appellee.

Before WALLACE, O'SCANNLAIN and RYMER, Circuit Judges.


RYMER, Circuit Judge:

The Secretary of Health and Human Services denied Katherine K. Banta's application for disability benefits. She sought review of that decision in the district court, but she filed her action more than sixty days after the Appeals Council denied her request for review of an adverse determination by an Administrative Law Judge. The district court dismissed her action as untimely.

After denial of her application but before a decision was...

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