Willie Green v. David Mathews, Etc.

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 appellant’s 1971 application is also treated as a request to reopen the 1966 denial.…