Jose M. ELCHEDIAK, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-Appellee

Plaintiff Jose Elchediak appeals the district court’s granting of the Secretary’s motion to dismiss for lack of jurisdiction under 42 U.S.C. 405(g). Since we find that plaintiff’s contention that his mental illness precluded him from litigating his claim for disability benefits because it prevented him from proceeding in a timely fashion from one administrative level to the next raises a colorable constitutional claim, we reverse and remand for further findings at the administrative hearing level.

On October 11, 1978, without assistance of counsel, Mr. Elchediak’s mother filed an application…