· 9/3/1997
Crayton v. Callahan
Citations
- 120 F.3d 1217
- 1997 U.S. App. LEXIS 23202
- 1997 WL 476052
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that failure to exhaust remedies under 42 U.S.C. § 405(g) is jurisdictional
- holding that the failure to exhaust administrative remedies under section 405(g) is jurisdictional
- explaining that dismissal of a complaint against the Commissioner was proper so that the plaintiffs could “pursue administrative remedies and then return to federal court if appropriate”
- reasoning that the SSA “may always waive the exhaustion requirement” and “[i]t may be held to have done so by failing to challenge the sufficiency of the allegations in plaintiffs’ complaint”
- dismissing the plaintiffs’ claims “without prejudice, so that they may pursue administrative remedies and then return to federal court if appropriate”
- dismissing the petitioner’s claims “without prejudice, so that they may pursue administrative remedies and then return to federal court if appropriate”
Source: CourtListener parenthetical corpus (CC0).
Judges: Birch, O'Kelley, Roney
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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