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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.