Nelda Sanchez v. Richard S. Schweiker, Secretary of Health and Human Services, Defendant

We GRANT the petition for a rehearing of the Secretary of Health and Human Services and VACATE our prior panel opinion. See Sanchez v. Schweiker, 643 F.2d 1128 (5th Cir. 1981).

The issue in this appeal is whether the statutory five month waiting period between the onset of a disability and the entitlement to Social Security disability insurance benefits of a wage earner, who becomes disabled on a date other than the first day of a month, begins on the date the wage earner becomes disabled or on the first day of the next month. 1 In our original panel opinion we held that the five month waiting…