Legal Opinion

Joseph P. Barfield v. Caspar W. Weinberger, Secretary of Health, Education and Welfare

Court of Appeals for the Fifth Circuit

Decided October 17, 1973No. 72-3805PublishedCited by 27 opinions

1Per curiam

A Social Security claimant filed this suit in the district court to review a decision of the Secretary in which he dedined to reopen a claim for disability benefits. In the prior hearing on the claim the Secretary had denied further benefits to plaintiff. The present suit was predicated on the provisions of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), and section 10 of the Administrative Procedure Act, 5 U. S.C. § 704. 1 The Secretary filed a motion to dismiss and contended that his decision not to reopen claimant’s application for disability benefits was not judicially…

2Cases cited5 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Goldberg v. KellySupreme Court of the United States · 1970
  3. Gillespie v. United States Steel Corp.Supreme Court of the United States · 1964
  4. Richardson v. WrightSupreme Court of the United States · 1972
  5. Alabama Labor Council, Aflcio, Public Employees Union, Local No. 1279 v. The State of AlabamaCourt of Appeals for the Fifth Circuit · 1972

3Cited by27 opinions

  1. Myers v. SullivanCourt of Appeals for the Eleventh Circuit · 1990
  2. Jones v. DiamondCourt of Appeals for the Fifth Circuit · 1975
  3. Bankr. L. Rep. P 70,650 in Re Karen Virginia Stanton, Debtor. T.O. King v. Karen Virginia StantonCourt of Appeals for the Ninth Circuit · 1985
  4. Jack J. Bender v. William P. Clark, as Successor to James G. WattCourt of Appeals for the Tenth Circuit · 1984
  5. Pamela A. STONE, Plaintiff-Appellee, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1983

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