James M. Howard v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare

Plaintiff-appellee James M. Howard originally applied for disability benefits under the Social Security Act (Act) in 1964. Howard’s 1964 application was denied, and he sought no administrative review of that denial.

Howard filed a second application in 1976. His 1976 application was also initially denied, but this time Howard requested and was granted a hearing on the application before an administrative law judge (AU). The ALJ found that Howard was entitled to a period of disability commencing from December of 1963. However, the ALJ also concluded that under the appropriate “reopening…