Francisco Rosado Toledo v. Secretary of Health, Education and Welfare

First Circuit

Francisco Rosado Toledo v. Secretary of Health, Education and Welfare

435 F.2d 1297

CourtCourt of Appeals for the First Circuit

DecidedJanuary 14, 1971

Docket7582

StatusPublished

Cited by9 cases

This text of 435 F.2d 1297 (Francisco Rosado Toledo v. Secretary of Health, Education and Welfare) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Francisco Rosado Toledo v. Secretary of Health, Education and Welfare, 435 F.2d 1297 (1st Cir. 1971).

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Opinion

PER CURIAM.

Plaintiff appellant .in 1967 sought to show himself entitled to Social Security benefits for total disability commencing before the end of 1960, the last year he was insured. He lost at every step of the administrative process, and in the district court. 308 F.Supp. 192. On this appeal his principal point seems to be that he should not merely have been told that he could have his own counsel when he appeared before the hearing examiner after the Social Security Administration had denied his claim, but should have been supplied with counsel at government expense. There is no suggestion that having counsel would have resulted in the presentation of any better case. It is quite apparent from the record that plaintiff was fairly treated; indeed, the examiner was exceptionally solicitous and helpful. We see no possible prejudice. Cross v. Finch, 5 Cir., 1970, 427 F.2d 406, 408-409; Granger v. Finch, 7 Cir., 1970, 425 F.2d 206, cert. denied 91 S.Ct. 46; Domozik v. Cohen, 3 Cir., 1969, 413 F.2d 5, 9; cf. Steimer v. Gardner, 9 Cir., 1968, 395 F.2d 197; Ussi v. Folsom, 2 Cir., 1958, 254 F.2d 842.

Affirmed.

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PER CURIAM.

Plaintiff appellant .in 1967 sought to show himself entitled to Social Security benefits for total disability commencing before the end of 1960, the last year he was insured. He lost at every step of the administrative process, and in the district court. 308 F.Supp. 192. On this appeal his principal point seems to be that he should not merely have been told that he could have his own counsel when he appeared before the hearing examiner after the Social Security Administration had denied his claim, but should have been supplied with counsel at government expense. There is no suggestion that having counsel would have resulted in the presentation of any better case. It is quite apparent from the record that plaintiff was fairly treated; indeed, the examiner was exceptionally solicitous and helpful. We see no possible prejudice. Cross v. Finch, 5 Cir., 1970, 427 F.2d 406, 408-409; Granger v. Finch, 7 Cir., 1970, 425 F.2d 206, cert. denied 91 S.Ct. 46; Domozik v. Cohen, 3 Cir., 1969, 413 F.2d 5, 9; cf. Steimer v. Gardner, 9 Cir., 1968, 395 F.2d 197; Ussi v. Folsom, 2 Cir., 1958, 254 F.2d 842.

Affirmed.

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435 F.2d 1297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/francisco-rosado-toledo-v-secretary-of-health-education-and-welfare-ca1-1971.

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