Johnson v. United States

572 F.2d 697 Steven E. JOHNSON, a minor, by his guardian ad litem, Gordon C. Johnson, Plaintiff-Appellant, v. The UNITED STATES of America and Casper Weinberger, Secretary of Health, Education and Welfare, Defendants-Appellees. No. 76-1802. United States Court of Appeals, Ninth Circuit. March 28, 1978. R. G. Schimanski (argued), of Schimanski & Leeds, Spokane, Wash., for plaintiff-appellant. James B. Crum, Asst. U. S. Atty. (argued), Spokane, Wash., for defendants-appellees. Appeal from the United States District Court for the Eastern District of Washington. Before ANDERSON and HUG, Circuit Judges, and MUECKE, * District Judge. J. BLAINE ANDERSON, Circuit Judge: 1 The central issue on appeal is whether filing is a substantive condition to receiving benefits under the Social Security Act when the applicant is a minor seeking retroactive benefits. We hold it is and affirm the district court's grant of summary judgment upholding the Secretary's denial of retroactive benefits beyond one year. 2 In July 1957, Richard and Patricia Potts were in the process of adopting appellant, then an infant, when the wage earner, Mr. Potts, died. In August 1957, Mrs. Potts completed the adoption.…