Richard Murillo v. F. David Mathews, Secretary of the U. S. Department of Hew

Plaintiffs below appeal from the district court’s dismissal of their suit for lack of subject matter jurisdiction. We vacate the judgment of the district court and remand.

I. Statement of the Case

In January of 1974, appellant Murillo’s father allegedly went repeatedly to Social Security Administration (SSA) offices and orally inquired about benefits for appellant Murillo under Title XVI of the Social Security Act, 42 U.S.C. § 1381 . On each occasion he was allegedly erroneously informed orally that his son was not eligible, and he did not make a written application for benefits. In May, 1974, he submitted a written application which was granted. Because the SSA pays benefits beginning with the month in which the application is filed, Murillo’s benefits began in May and not January. The May application, however, did not ask the SSA to provide benefits for the period from January to May.

In August, 1975, Murillo and two organizations purporting to represent the aged and the handicapped filed suit on behalf of themselves and “all others similarly situated” against the Secretary of Health, Education and Welfare and the Commissioner of the SSA. They alleged that the present SSA…