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UDD v. MASSANARI

No. 99-35515.

245 F.3d 1096 (2001)

Kris E. UDD, Plaintiff-Appellant, v. Larry G. MASSANARI, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 16, 2001.

As Amended on Denial of Rehearing May 3, 2001.

Attorney(s) appearing for the Case

Joseph B. Lavin, Port Angeles, Washington, for the plaintiff-appellant.

Renee C. MacFarland, Social Security Administration, Office of General Counsel, Seattle, Washington, and Brian C. Kipnis, Office of the U.S. Attorney, Seattle, Washington, for the defendant-appellee.

Before: Stephen REINHARDT, Kim McLane WARDLAW, and RONALD M. GOULD, Circuit Judges.

Argued and Submitted February 13, 2001 — Seattle, Washington.

REINHARDT, Circuit Judge:

This is an appeal from an order of the district court upholding the refusal of the Commissioner of the Social Security Administration to reopen an adverse benefits decision made in 1976. The claimant seeks benefits retroactive to that year on the ground that the termination of his benefits violated due process because he lacked the mental capacity to understand the...

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