Davila ex rel. Davila v. Shalala

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

This case presents the dilemma created when an administrative agency loses its own records and fails to reconstruct them or conduct a new inquiry on the merits, resulting in penury or at least serious hardship for an impoverished citizen.

The case, brought under the Social Security Act, 42 U.S.C. § 405(g), seeks review of a final determination of the defendant Secretary of Health and Human Services (the “Secretary”) which denied plaintiffs application for Supplemental Security Income. This court has jurisdiction under 28 U.S.C. § 1331.

The…