Rashad v. Sullivan

903 F.2d 1229 30 Soc.Sec.Rep.Ser. 11, Unempl.Ins.Rep. CCH 15432A Khalilah I. RASHAD, as mother and guardian ad litem of Khamilah A. Brisker-Rashad, Plaintiff-Appellant, v. Louis W. SULLIVAN, * Secretary of Health and Human Services, Defendant-Appellee. No. 89-35521. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 9, 1990. Decided May 18, 1990. Lembhard G. Howell, Seattle, Wash., for plaintiff-appellant. Ben A. Porter, Asst. Regional Counsel, Dept. of Health and Human Services, Seattle, Wash., for defendant-appellee. Appeal from the United States District Court for the Western District of Washington. Before WRIGHT, POOLE and BRUNETTI, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 We review an administrative law judge's finding that Khalilah Rashad did not before 1985 attempt to file an application for child's insurance benefits under 42 U.S.C. Sec. 402 (d)(1) for Khamilah Brisker-Rashad. BACKGROUND 2 John Brisker, a former professional basketball player, went to Africa to set up an import-export business. He disappeared there and has not been heard from since April 1978. 3 In June 1985, Khalilah Rashad applied for child's insurance benefits for…