Eladio COLON, Plaintiff, Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellant
Court of Appeals for the First Circuit
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…
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