Dolores CANALES, Plaintiff-Appellant,
v.
Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Petition for Rehearing Submitted on August 26, 1991.
Decided October 28, 1991.
Attorney(s) appearing for the Case
Kenneth J. Barnes, Bronx, N.Y. (Bronx Legal Services, Guilene Cherenfant, of counsel), for plaintiff-appellant.
A. George Lowe, Deputy Chief Counsel for Social Sec. Disability Litigation, Office of the Gen. Counsel, Social Sec. Div., Baltimore, Md. (Stuart M. Gerson, Asst. Atty. Gen., U.S. Dept. of Justice, Washington, D.C., Donald A. Gonya, Chief Counsel for Social Sec., Randolph W. Gaines, Deputy Chief Counsel for Social Sec., of counsel), for defendant-appellee.
Jane E. Booth, Director of Litigation, New York City (Legal Aid Soc., Civ. Appeals & Law Reform Unit, Matthew Diller, of counsel), as Amicus Curiae.
Before LUMBARD, CARDAMONE, Circuit Judges, and LASKER, District Judge.
United States Court of Appeals, Second Circuit.
LUMBARD, Circuit Judge:
The Secretary has petitioned for rehearing. He asks us to vacate our opinion which was filed on June 27, 1991 936 F.2d 755 and remand the case to him for reconsideration in light of Social Security Ruling SSR-91-5p, 56 Fed.Reg. 29,971, which was issued on July 1, 1991, four days after we filed our opinion. The new ruling permits claimants to raise mental incapacity as good cause for missing the deadline to...
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