Legal Opinion

Eladio COLON, Plaintiff, Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellant

Court of Appeals for the First Circuit

Decided June 14, 1989No. 88-1903PublishedCited by 86 opinions

1Per curiam

This appeal raises two issues. First, do we have jurisdiction over an appeal by the Secretary of Health and Human Services (the Secretary) from a district court order remanding this social security disability insurance benefits case to the Secretary for further proceedings? Second, if we have appellate jurisdiction, did the district court, as the Secretary contends, lack jurisdiction to order the Secretary to reopen a prior final decision? For the reasons which follow, we answer both questions in the affirmative.

I. BACKGROUND

The claimant, Eladio Colon, filed an application for disability…

2Cases cited14 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Califano v. SandersSupreme Court of the United States · 1977
  3. Leroy DUDLEY, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, AppelleeCourt of Appeals for the First Circuit · 1987
  4. Wilbur J. Cohen, Secretary of Health, Education and Welfare v. Pedro PeralesCourt of Appeals for the Fifth Circuit · 1969
  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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3Cited by86 opinions

  1. Myers v. SullivanCourt of Appeals for the Eleventh Circuit · 1990
  2. Brown v. ApfelDistrict Court, D. Rhode Island · 1999
  3. Lopez v. ChaterDistrict Court, D. Puerto Rico · 1998
  4. López Vargas v. Commissioner of Social SecurityDistrict Court, D. Puerto Rico · 2007
  5. Mary K v. BerryhillDistrict Court, D. Rhode Island · 2018

81 more not listed; retrieve them via the Exa API.

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