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102 F. App'x 423

Smith v. Barnhart

U.S. Courts of Appeals

Decided July 9, 2004

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U.S. Courts of Appeals · decided 2004-07-09

Cited by 1 later decisions (1 by the Supreme Court) — most recently October 2004

Applies 28 U.S.C. § 1654 · 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935)

Relies on Gonzales v. Wyatt

Good law ✅— No negative treatment on recordhow we know

Decided 2004-07-09

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PER CURIAM: *

¶1 Reverend Preston Scarbrough and Carolyn Scarbrough Smith, mother of Thomas J. Smith, Jr., a minor, appeal, on behalf of the minor, the dismissal of Scarbrough’s petition seeking review of the denial of Supplemental Security Income benefits. See 42 U.S.C. § 405(g). The suit filed by Rev. Scarbrough did not toll the limitations period, because he lacked the capacity to represent the plaintiff. 42 U.S.C. § 405(g); 20 C.F.R. § 416.1481; 28 U.S.C. § 1654; Fed.R.Civ.P. 11(a), 17(c); Gonzales v. Wyatt, 157 F.3d 1016, 1021-22 (5th Cir.1998). Because the time for filing suit has expired, appellants cannot prevail. See § 405(g); § 416.1481; Gonzales, 157 F.3d at 1021-22.

¶2 AFFIRMED.

*

¶3 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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