Legal Opinion
Harvey WOLCHUCK, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee
Court of Appeals for the Ninth Circuit
Decided March 30, 1989No. 88-5980PublishedCited by 2 opinions
1Opinion of the Court
PREGERSON, Circuit Judge:
The district court upheld the final decision of the Secretary of Health and Human Services (HHS) that appellant Harvey Wol-chuck, who applied for father’s insurance benefits in 1985, was not entitled to retroactive benefits from the time of his wife’s death in 1981 because he did not express an “intent” to apply for benefits in an application form he submitted to HHS at that time. We reverse the district court on the ground that under the Secretary’s previous interpretation of the relevant regulations, appellant’s 1981 statement that he would not apply for benefits…
2Cases cited6 opinions
- Schweiker v. HansenSupreme Court of the United States · 1981
- Miller v. HecklerCourt of Appeals for the Ninth Circuit · 1985
- Reed Smith and Valoy Smith, Husband and Wife v. John Block, in His Capacity as Secretary of the United States Department of AgricultureCourt of Appeals for the Ninth Circuit · 1986
- Nicoladze v. United StatesSupreme Court of the United States · 1981
- Villa View Community Hospital, Inc. v. HecklerCourt of Appeals for the Ninth Circuit · 1983
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3Cited by2 opinions
- Margaret WHITE, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1992
- Alaska Public Interest Research Group v. StateAlaska Supreme Court · 2007