Legal Opinion · Dissent

Ann Hansen v. Patricia Roberts Harris, Secretary of Health, Education and Welfare

Court of Appeals for the Second Circuit

Decided March 24, 1980No. 324, Docket 79-6125Published

1DissentFriendly, Circuit Judge

By dispensing with compliance with an admittedly valid regulation, 20 C.F.R. § 404.601(d), which requires a written application on the appropriate form for a wide variety of social security benefits, the majority opens the door of the federal fisc not simply to Mrs. Hansen, whom we at least know to have visited the HEW office and said something, but to thousands who merely will make a detailed claim that they have done so and whom there is no effective means of rebutting. Millions of dollars will have to be expended simply to ascertain whether conditions of eligibility claimed in a subsequent…

2Cases cited27 opinions

  1. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  2. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  3. Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947
  4. United States v. CaceresSupreme Court of the United States · 1979
  5. American Farm Lines v. Black Ball Freight ServiceSupreme Court of the United States · 1970

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