Eugene Whipp v. Caspar Weinberger, Secretary of Health, Education and Welfare

On September 8, 1972, the Appeals Council of the Social Security Administration, Department of Health, Education and Welfare, denied the appellee’s application for disability benefits under the Social Security Act, 42 U.S.C. §§ 416(i) and 423. This became the final decision of the Secretary. On November 8, 1972, sixty-one days after notice of this decision was mailed to the appellee, the action was filed in the District Court to review the Secretary’s decision.

The District Court found that the sixty day filing limit for appeals from the Secretary’s decision, imposed by 42 U. S.C. § 405(g),…