Legal Opinion
Roy HARPER, Jr., Plaintiff-Appellee, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellant
Court of Appeals for the Fourth Circuit
Decided August 19, 1988No. 88-3038PublishedCited by 11 opinions
1Opinion of the Court
HARRISON L. WINTER, Chief Judge:
Secretary of Health and Human Services Otis R. Bowen (the Secretary) appeals a district court order remanding the social security disability claim of Roy Harper, Jr., for further proceedings. We conclude that the district court’s remand order is not a final order within the meaning of 28 U.S.C. § 1291 from which the Secretary may appeal. We therefore dismiss this appeal for lack of jurisdiction.
I
After an AU decision denying Harper benefits, the Appeals Council of the Social Security Administration declined discretionary review. Harper then filed a complaint in…
2Cases cited21 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
- Firestone Tire & Rubber Co. v. RisjordSupreme Court of the United States · 1981
- Gulfstream Aerospace Corp. v. Mayacamas Corp.Supreme Court of the United States · 1988
16 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Tyrone Walls v. Jo Anne B. Barnhart, Commissioner of Social SecurityCourt of Appeals for the Fourth Circuit · 2002
- Myers v. SullivanCourt of Appeals for the Eleventh Circuit · 1990
- Eladio COLON, Plaintiff, Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, AppellantCourt of Appeals for the First Circuit · 1989
- Morris TRAVIS, Plaintiff-Appellee, v. Louis W. SULLIVAN, Secretary of Health & Human Services, Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1993
- Iwachiw v. MassanariCourt of Appeals for the Second Circuit · 2005
6 more not listed; retrieve them via the Exa API.