Legal Opinion
Gibbs v. Harris
District Court, D. Maryland
Decided October 15, 1980No. Civ. HM79-2213PublishedCited by 5 opinions
1Opinion of the Court
HERBERT F. MURRAY, District Judge.
Plaintiff Melvin E. Gibbs brings this action as an appeal from the denial by the Department of Health, Education and Welfare of his application for disability benefits. 1 The Department of Health, Education and Welfare has moved to dismiss on the ground that plaintiff Gibbs did not file his civil action within the time limits prescribed by statute.
Judicial review of determinations made by the Secretary of HEW is governed by 42 U.S.C. § 405(g), which provides in pertinent part:
Any individual, after any final decision of the Secretary . . . may obtain a review…
2Cases cited2 opinions
- Eugene Whipp v. Caspar Weinberger, Secretary of Health, Education and WelfareCourt of Appeals for the Sixth Circuit · 1974
- Estep v. WeinbergerDistrict Court, S.D. West Virginia · 1976
3Cited by5 opinions
- Mikhail Matsibekker v. Margaret M. Heckler, Secretary of the Department of Health and Human Services of the United StatesCourt of Appeals for the Second Circuit · 1984
- Quinton McCALL, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1987
- Leslie v. BowenDistrict Court, D. Kansas · 1988
- McMahan v. BarnhartDistrict Court, W.D. Virginia · 2005
- Gibbs v. HarrisCourt of Appeals for the Fourth Circuit · 1981