Legal Opinion
Osmund McGowen v. Patricia R. Harris, Secretary of Health and Human Services
Court of Appeals for the Fourth Circuit
Decided December 10, 1981No. 80-1557PublishedCited by 122 opinions
1Opinion of the Court
JAMES DICKSON PHILLIPS, Circuit Judge:
Osmund McGowen challenges the district court’s dismissal of his action under 42 U.S.C. § 405(g), in which he sought judicial review of the administrative denial of surviving child’s insurance benefits under the Social Security Act (Act). The district court held that it lacked subject matter jurisdiction to consider the action because the Secretary of Health and Human Services (Secretary) had applied administrative res judicata to deny the claimed benefits. We hold, in disagreement with the district court, that jurisdiction existed to determine whether the…
2Cases cited9 opinions
- Califano v. SandersSupreme Court of the United States · 1977
- Brown v. FelsenSupreme Court of the United States · 1979
- Johnson v. MuellerCourt of Appeals for the Fourth Circuit · 1969
- John Easley v. Robert H. Finch, Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1970
- Owen C. Leviner v. Elliott L. Richardson, Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1971
4 more not listed; retrieve them via the Exa API.
3Cited by122 opinions
- Lester v. ChaterCourt of Appeals for the Ninth Circuit · 1995
- Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
- 50 soc.sec.rep.ser. 536, unempl.ins.rep. (Cch) P 15229b, 96 Cal. Daily Op. Serv. 2401, 96 Daily Journal D.A.R. 4034 James Lester v. Shirley S. Chater, Commissioner of the Social Security AdministrationCourt of Appeals for the Ninth Circuit · 1996
- Jean D. Byam v. Jo Anne Barnhart, Commissioner, Social Security AdministrationCourt of Appeals for the Second Circuit · 2003
- Valere Poulin v. Otis R. Bowen, Secretary, United States Department of Health and Human ServicesCourt of Appeals for the D.C. Circuit · 1987
117 more not listed; retrieve them via the Exa API.