Carlyle W. Hatchell v. Margaret M. Heckler, Secretary of Health and Human Services
Court of Appeals for the Eleventh Circuit
Non-Argument Calendar.
1Per curiam
In this Social Security Act case, 42 U.S.C. Sec. 405(g), the government moved in the district court to dismiss plaintiff’s petition for review because it was not timely filed. The government has not quite confessed error but almost. It has not filed a brief but a written statement setting out that it did not know the full facts at the time it filed a motion to dismiss; it cites to this court cases supporting plaintiff’s argument that his petition was timely filed. The government’s candor is appropriate and helpful.
We agree with plaintiff and reverse.
Plaintiff was notified via letter dated…
2Cases cited7 opinions
- Walter J. Cobb, on Behalf of Themselves and All Others Similarly Situated v. Jerry LewisCourt of Appeals for the Fifth Circuit · 1974
- Parissi v. Telechron, Inc.Supreme Court of the United States · 1955
- George Freeman Causey v. Benjamin R. Civiletti, Attorney GeneralCourt of Appeals for the Fifth Circuit · 1980
- Peter J. WRENN, Plaintiff-Appellant, v. AMERICAN CAST IRON PIPE COMPANY, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1978
- Moffitt v. United StatesDistrict Court, E.D. Tennessee · 1976
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Rickey E. Haney v. Mizell Memorial Hospital, a Corporation Dr. John MeigsCourt of Appeals for the Eleventh Circuit · 1984
- Wendell A. Martin and Vanessa Faciane v. Marco DemmaCourt of Appeals for the Fifth Circuit · 1987
- Anna Wisniewski, Widow of Edward Wisniewski v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1991
- Carter v. HecklerDistrict Court, N.D. Illinois · 1984
- Cecil R. SHOWS, Plaintiff-Appellant, v. the DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1984
2 more not listed; retrieve them via the Exa API.