Legal Opinion
Davila v. Barnhart
District Court, S.D. New York
Decided July 17, 2002No. 02 Civ. 194 (DLC)PublishedCited by 30 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
COTE, District Judge.
In this case the Court must determine whether an attorney’s miscalculation of a filing deadline will deprive a social security claimant of the right to appeal the adverse decision of the Commissioner of Social Security (the “Commissioner”) when the appeal was filed one day too late. Plaintiff Juanita Davila (“Davila”) commenced this action pursuant to 42 U.S.C. § 405(g), for judicial review of the Commissioner’s decision that she is not disabled. The Commissioner moved to dismiss the complaint as time barred, and through a Memorandum Opinion…
2Cases cited14 opinions
- Bowen v. City of New YorkSupreme Court of the United States · 1986
- Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
- Boos v. RunyonCourt of Appeals for the Second Circuit · 2000
- Heckler v. DaySupreme Court of the United States · 1984
- Dixon v. ShalalaCourt of Appeals for the Second Circuit · 1995
9 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Jackson v. AstrueCourt of Appeals for the Eleventh Circuit · 2007
- Larry Kellum v. Commissioner Social SecurityCourt of Appeals for the Sixth Circuit · 2008
- Langella v. BushDistrict Court, S.D. New York · 2004
- (PS) (SS) Palm v. Commissioner of Social SecurityDistrict Court, E.D. California · 2019
- (SS) Caglia v. Commissioner of Social SecurityDistrict Court, E.D. California · 2020
25 more not listed; retrieve them via the Exa API.