Legal Opinion
R.F. Vernon v. Margaret Heckler, Secretary of Health and Human Services
Court of Appeals for the Ninth Circuit
Decided May 4, 1987No. 85-2562PublishedCited by 99 opinions
1Opinion of the Court
NELSON, Circuit Judge:
This case presents two jurisdictional issues: whether Vernon filed a timely notice of appeal and whether the district court correctly dismissed Vernon’s action for supplemental Social Security income on the ground that it lacked jurisdiction to hear a suit filed after the expiration of the 60-day limit prescribed in 42 U.S.C. § 405(g) (1982). We conclude that Vernon’s notice of appeal was timely and that the 60-day period in § 405(g) is not jurisdictional. Accordingly, we reverse and remand.
I. BACKGROUND
On April 18, 1984, an administrative law judge issued a decision…
2Cases cited21 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Bowen v. City of New YorkSupreme Court of the United States · 1986
- Weinberger v. SalfiSupreme Court of the United States · 1975
- Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
- Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
16 more not listed; retrieve them via the Exa API.
3Cited by99 opinions
- Charles Byrd v. Phoenix Police DepartmentCourt of Appeals for the Ninth Circuit · 2018
- McCalden v. California Library Ass'nCourt of Appeals for the Ninth Circuit · 1990
- Al-Hakim Allah v. Superior Court of the State of California, Los Angeles County, R.A. Doeve, Real-Parties-In-InterestCourt of Appeals for the Ninth Circuit · 1989
- Dawson v. City of SeattleCourt of Appeals for the Ninth Circuit · 2006
- Hughes Salaried Retirees Action Committee Peter Formo Richard E. Miller Norman C. Rigby v. Administrator of the Hughes Non-Bargaining Retirement PlanCourt of Appeals for the Ninth Circuit · 1995
94 more not listed; retrieve them via the Exa API.