Legal Opinion
Johnson v. United States
Court of Appeals for the Ninth Circuit
Decided March 28, 1978No. 76-1802PublishedCited by 10 opinions
1Opinion of the Court
J. BLAINE ANDERSON, Circuit Judge:
The central issue on appeal is whether filing is a substantive condition to receiving benefits under the Social Security Act when the applicant is a minor seeking retroactive benefits. We hold it is and affirm the district court’s grant of summary judgment upholding the Secretary’s denial of retroactive benefits beyond one year.
In July 1957, Richard and Patricia Potts were in the process of adopting appellant, then an infant, when the wage earner, Mr. Potts, died. In August 1957, Mrs. Potts completed the adoption. At the same time, she applied for and later…
2Cases cited13 opinions
- Flemming v. NestorSupreme Court of the United States · 1960
- Dora Coy, of the Estate of Frank M. Coy, Deceased v. Marion B. Folsom, Secretary of Health, Education and WelfareCourt of Appeals for the Third Circuit · 1955
- Ewing v. RisherCourt of Appeals for the Tenth Circuit · 1949
- Frank H. Filice v. Anthony J. Celebrezze, Secretary of Health, Education and WelfareCourt of Appeals for the Ninth Circuit · 1963
- Flamm v. RibicoffDistrict Court, S.D. New York · 1961
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Mildred A. Simon, Beth Jami Simon and Seth Eric Simon v. Joseph A. Califano, Jr., Secretary of Department of Health, Education and WelfareCourt of Appeals for the Ninth Circuit · 1979
- Mitchell v. HarrisDistrict Court, D. New Jersey · 1980
- Yeiter ex rel. Yeiter v. Secretary of Health & Human ServicesCourt of Appeals for the Sixth Circuit · 1987
- Allene L. DRIVER, Plaintiff/Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant/AppelleeCourt of Appeals for the Ninth Circuit · 1985
- Ida B. Yeiter v. Secretary Of Health & Human ServicesCourt of Appeals for the Sixth Circuit · 1987
5 more not listed; retrieve them via the Exa API.