C.L. TURNER, Appellant, v. Otis BOWEN, Secretary of Health and Human Services, Appellee

I respectfully dissent. The equities in favor of tolling the statute of limitations period are so great in this case that deference to the agency’s judgment is inappropriate. First, Turner had no legal representation at the hearing before the AU. The presence of a state representative, who was not a lawyer, does not guarantee that Turner understood his right to appeal or that he knew this right would extinguish if not exercised within a certain time period. Moreover, the AU did not ask Turner whether he wanted an attorney at the hearing or inform him of the advantages of having counsel…