Eddie R. Walker v. F. David Mathews, Secretary of Health, Education and Welfare, Defendant

The appellant, Eddie R. Walker, appeals from a determination by the Administrative Law Judge, affirmed by the district court, that he is not entitled to disability benefits under the Social Security Act. ( 42 U.S.C. §§ 416 , 423 (1974).) We are faced at the outset with a challenge to the scope of our appellate review.

I

As is common in actions requesting review of the denial of disability benefits, the parties filed cross motions for summary judgment based upon their interpretations of the administrative record. The district court granted the Government’s motion and judgment was entered against appellant on September 3, 1974. Appellant filed a motion for reconsideration on September 10, 1974, and this motion was denied, “although reluctantly,” on September 23, 1974. Appellant then filed a timely notice of appeal on September 26, 1974. On that date, appellant also paid the $5.00 fee required by 28 U.S.C. § 1917 . Also on that date, appellant requested permission to appeal in forma pauperis. This request was denied on October 4, 1974.

At that point, the case fell into a somnolent state for almost one year. Appellant made no effort to request this court for permission to proceed…