Gross v. Celebrezze
Decision Date | 23 August 1965 |
Docket Number | Civ. A. No. 9405. |
Citation | 246 F. Supp. 66 |
Parties | Riley GROSS v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare of the United States of America. |
Court | U.S. District Court — Northern District of Indiana |
Sidney Krieger, Gary, Ind., for plaintiff.
Richard J. James, Asst. U. S. Atty., Hammond, Ind., for defendant.
By complaint filed in this Court on March 18, 1965, Plaintiff seeks review of what Plaintiff contends is a "final decision" of the Secretary of Health, Education and Welfare under 42 U.S.C. Section 405(g), whereby Plaintiff's application for disability insurance benefits was denied.
The undisputed facts relating to the procedural history of Plaintiff's applications for disability insurance benefits are as follows:
It is this Order of January 18, 1965, which Plaintiff seeks to have reviewed.
The Secretary contends that this Court is without jurisdiction to review the refusal of the Secretary to re-open Plaintiff's case. The only provision conferring jurisdiction to review decisions of the Secretary is Title 42 U.S.C. Section 405(g) and this only authorizes review as follows:
"Any individual, after any final decision of the Secretary made after a hearing to which he was a party, irrespective of the amount in controversy, may obtain a review of such decision by a civil action commenced within sixty days after the mailing to him of notice of such decision or within such further time as the Secretary may allow."
The only "final decision" within the meaning of the above provision which has been rendered is the decision of the Appeals Council of July 31, 1963. Plaintiff failed to file any civil action for review within the sixty day period. Several cases clearly hold that the failure to seek review within the sixty day period is...
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...Parker v. Sec. of HHS, 543 F.Supp. 1041 (E.D.N.Y. 1982); Brantley v. Califano, 478 F.Supp. 613 (M.D.Ga.1979); Gross v. Celebrezze, 246 F.Supp. 66 (D.C.Ind.1965); Kinyoun v. Ribicoff, 194 F.Supp. 528 (W.D.Mo.1961). As the Supreme Court decided in Sanders, An interpretation that would allow a......
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...7, 1963, cert. den. 374 U.S. 487, 83 S.Ct. 1868, 10 L.Ed.2d 1043; Larson v. Romney, 298 F.Supp. 1267 (D.C.N.D. 1969); Gross v. Celebrezze, 246 F.Supp. 66 (N.D.Ind. 1965); Robinson v. Celebrezze, 237 F.Supp. 115 (E.D.Tenn. 1967); Bowen v. Secretary of Health, Education and Welfare, 46 F.R.D.......
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