Klemm v. Astrue

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that ALJ’s discretionary denial of an untimely motion to reopen was not final and reviewable
• holding that claimant must allege “facts sufficient to state a violation of substantive or procedural due process” (citation omitted)
• concluding that we cannot review the ALJ’s decision not to open a prior disability denial unless there is a colorable constitutional claim of a due process violation
• finding the court did not have subject matter jurisdiction when a 24 complaint’s allegations were “completely unsupported by facts” and thus “wholly 25 insubstantial”
• finding plaintiff failed to present a colorable due process 6 claim because “[n]othing in the record evinces a mental impairment that could have prevented 7 [plaintiff] from understanding the process for appeal.”
• “Thus, a notice of appeal is filed when it is received by the clerk, notwithstanding deficiencies in form that violate local rules.” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).