Legal Opinion
Holmes Ex Rel. Thompson v. Weinberger
District Court, E.D. New York
Decided December 15, 1976No. 75 C 1036PublishedCited by 10 opinions
1Opinion of the Court
GEORGE C. PRATT, District Judge:
On January 20, 1975, an administrative law judge of the Social Security Administration (the Administration) held that plaintiff’s son 'was entitled under 42 U.S.C. § 402(d) to surviving child’s insurance benefits retroactive to 1967. But on May 5, 1975, the Administration’s Appeals Council reversed. Acknowledging that plaintiff had contacted the Administration in 1967 in order to secure benefits on behalf of her son, the Council concluded that an oral claim could not constitute the statutorily mandated “application” for benefits, that a written statement…
2Cases cited18 opinions
- Minnie Gold v. The Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1972
- Cabell v. MarkhamCourt of Appeals for the Second Circuit · 1945
- Markham v. CabellSupreme Court of the United States · 1946
- Thomas E. Depaepe, Sr. v. Elliot L. Richardson, Secretary, Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1972
- Sylvia Haberman v. Robert H. Finch, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1969
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ann Hansen v. Patricia Roberts Harris, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1980
- Leimbach v. CalifanoCourt of Appeals for the Eighth Circuit · 1979
- Loren S. Cheers v. Secretary of Health, Education, and Welfare of the United States, DefendantCourt of Appeals for the Seventh Circuit · 1980
- McDonald v. SchweikerDistrict Court, N.D. Indiana · 1981
- Leimbach v. CalifanoCourt of Appeals for the Eighth Circuit · 1979
5 more not listed; retrieve them via the Exa API.