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FERNANDEZ v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 87-1130.

826 F.2d 164 (1987)

Nayda R. FERNANDEZ, et al., Plaintiffs, Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 20, 1987.

Attorney(s) appearing for the Case

Rafael Lizardi Pineiro, on brief, for plaintiffs, appellants.

Russell Shultis, Office of the General Counsel, Social Sec. Div., Dept. of Health and Human Services, Donald A. Gonya, Chief Counsel for Social Sec., Randolph W. Gaines, Deputy Chief Counsel for Social Sec. Litigation, A. George Lowe, Chief, Disability Litigation Branch, Baltimore, Md., Richard K. Willard, Asst. Atty. Gen., Washington, D.C., Daniel F. Lopez Romo, U.S. Atty., and Wanda Rubianes Collazo, Hato Rey, P.R., on brief, for appellee.

Before CAMPBELL, Chief Judge, COFFIN and BOWNES, Circuit Judges.

PER CURIAM.

On June 8, 1982 Miguel Merced filed an application for disability insurance benefits alleging disability since November 30, 1980. The application was denied initially on August 9, 1982 and upon reconsideration on September 27, 1982 because Merced's liver condition (cirrhosis due to alcoholism — inactive) was in remission. Merced did not pursue his administrative remedies and, therefore, the decision became final.

On September 1, 1984 Merced...

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