· 10/30/1980
John S. Peterson v. Joseph Califano, Secretary of Health, Education and Welfare for the United States of America
Citations
- 631 F.2d 628
- 1980 U.S. App. LEXIS 12739
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that judicial review is available 22 under § 405(g) only after a statutorily mandated hearing takes place (first citing Califano 23 v. Sanders, 430 U.S. 99, 108 (1977), and then citing Cappadora v. Celebrezze, 356 F.2d 1, 24 4–5 (2d Cir. 1966)
- holding that AC’s denial 5 of request to extend filing period, after attorney claimed that letter from AC 6 regarding the deadline had never been received or was misfiled, was not 7 reviewable, because a “final decision ... plainly refers to a decision on the merits”
- discussing Sanders and noting that “by authorizing judicial review of a final 23 decision made ‘after a hearing,’ [the Act] referred to decisions where a hearing was 24 mandatory, not optional.”
- refusing to review order denying extension of filing period for appeals
Source: CourtListener parenthetical corpus (CC0).
Judges: Ely, Fletcher, Halbert
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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