Legal Opinion

Paul R. Ensey v. Elliott Richardson, Etc.

Court of Appeals for the Ninth Circuit

Decided October 31, 1972No. 72-1850PublishedCited by 9 opinions

1Opinion of the Court

DUNIWAY, Circuit Judge:

The Secretary challenges the district court’s order that he allow Ensey additional time to seek review of an administrative decision denying disability insurance benefits.

An application for benefits filed by Ensey was ordered dismissed by the Hearing Examiner on March 8, 1971. The order was mailed to Ensey, 20 C.F.R. 404.937(a), along with notice of his right, within 60 days, t'o request review by the Appeals Council. No such request was made, nor was an extension of time for filing a request for review sought. 20 C.F.R. 404.954(a).

On May 14, 1971, seven days after the…

2Cases cited4 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
  3. Harry J. Tate, Jr. v. United States of America and United States Secretary of Health, Education and WelfareCourt of Appeals for the Ninth Circuit · 1971
  4. John W. Gardner, Secretary of Health, Education and Welfare v. Charles F. MoonCourt of Appeals for the Eighth Circuit · 1966

3Cited by9 opinions

  1. Bass v. Social Security AdministrationCourt of Appeals for the Ninth Circuit · 1989
  2. Merlin F. Gilcrist v. Richard Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1981
  3. Permian Corp. v. DavisCourt of Appeals of Texas · 1980
  4. Jamieson v. WeinbergerDistrict Court, E.D. Pennsylvania · 1974
  5. Nequoia Ass'n v. Department of the Interior of the United StatesDistrict Court, D. Utah · 1985

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