Willie Green v. David Mathews, Etc., 550 F.2d 458 (9th Cir. 1977). · Go Syfert
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Willie Green v. David Mathews, Etc., 550 F.2d 458 (9th Cir. 1977). Cases Citing This Book View Copy Cite
5 citation events (1 in the last 25 years) across 4 distinct courts.
Strongest positive: Clarence B. Jackson v. Donna Shalala, Secretary of the Department of Health and Human Services (ca7, 1995-03-21)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Clarence B. Jackson v. Donna Shalala, Secretary of the Department of Health and Human Services
7th Cir. · 1995 · confidence medium
His claim for damages against the court is meritless 3 In both in his petition and on appeal, Jackson cites Green v. Mathews, 550 F.2d 458, 458-59 (9th Cir.1977), in which the Ninth Circuit affirmed the denial of retroactive benefits because the claimant refiled his application too late for it to constitute a request to reopen the previous denial.
discussed Cited "see, e.g." Carlson v. Shalala
D. Nev. · 1993 · signal: see also · confidence low
The Social Security Act provides that the application for disability insurance benefits has a maximum twelve month retroactive effect. 42 U.S.C. § 423 (b); See also Green v. Mathews, 550 F.2d 458 (9th Cir.1977); Marcia v. Sullivan, 900 F.2d 172 , 175 n. 5 (9th Cir.1990); Jones v. Bowen, 657 F.Supp. 342, 344 (N.D.Cal.1987).
discussed Cited "see, e.g." Virgil L. CRADY, Plaintiff-Appellant, v. SECRETARY OF HEALTH & HUMAN SERVICES, Defendant-Appellee (2×)
6th Cir. · 1987 · signal: see, e.g. · confidence low
See, e.g., Green v. Mathews, 550 F.2d 458 (9th Cir.1977).
Retrieving the full opinion text from the archive…
Willie GREEN, Plaintiff-Appellant,
v.
David MATHEWS, Etc., Defendant-Appellee
76-2358.
Court of Appeals for the Ninth Circuit.
Mar 21, 1977.
550 F.2d 458
Emmett O’Boyle, Morgan, Beauzay, Hammer, Ezgar, Bledsoe & Rucka, Salinas, Cal., on brief for plaintiff-appellant., James A. Bruen, Asst. U. S. Atty., Civ. Div., San Francisco, Cal., on brief, for defendant-appellee.
Hufstedler, Sneed, Kennedy.
Cited by 5 opinions  |  Published
PER CURIAM:

Appellant applied for disability insurance benefits on February 1, 1966, claiming a period of disability commencing April 13, 1964. That application was denied without a hearing. On November 23, 1971, appellant filed a new application alleging the same period of disability. After denials initially and upon reconsideration, appellant requested a hearing. The Administrative Law Judge found that appellant was disabled within the meaning of the Act and was entitled to benefits retroactive to his original application made in 1966.

The Appeals Council modified the Administrative Law Judge’s decision, finding that although the period of disability had commenced in 1964, appellant was entitled only to benefits based upon the 1971 application. The district court affirmed the decision of the Appeals Council.

The Appeals Council awarded appellant the maximum retroactive benefits provided for by statute (one year prior to the date of the application). 42 U.S.C. § 423(b). A retroactive award (in excess of the one-year retroactivity granted by statute) based upon the 1966 application is proper only if[*459] appellant’s 1971 application is also treated as a request to reopen the 1966 denial. However, requests to reopen prior determinations or decisions must be made within four years of the date upon which the claimant is notified of the determination or decision, absent special circumstances not here pertinent. 20 C.F.R. § 404.957. Since appellant’s 1971 application came more than four years after the notification to him of the denial of his 1966 application, that prior determination cannot be reopened now.

AFFIRMED.