Legal Opinion
Chiappa v. Califano
District Court, S.D. New York
Decided December 3, 1979No. 78 Civ. 4213PublishedCited by 17 opinions
1Opinion of the Court
SOFAER, District Judge:
The defendant moves to dismiss the complaint in this disability case on the ground that it was filed on September 7,1978, more than sixty days after notice of the Secretary of HEW’s decision was mailed to plaintiff. Social Security Act §§ 205(g) & (h), 42 U.S.C. § 405(g) & (h). The notice was mailed on June 27,1978, some seventy days before the complaint was filed.
The time limit set forth in the Act is potentially a bar to any relief. Califano v. Sanders, 430 U.S. 98, 97 S.Ct. 980, 51 L.Ed.2d 192 (1977). By regulation, however, the Secretary has interpreted “mailing” to…
2Cases cited2 opinions
- Califano v. SandersSupreme Court of the United States · 1977
- Sylvia Haberman v. Robert H. Finch, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1969
3Cited by17 opinions
- City of New York v. HecklerCourt of Appeals for the Second Circuit · 1984
- City Of New York v. HecklerCourt of Appeals for the Second Circuit · 1984
- Mikhail Matsibekker v. Margaret M. Heckler, Secretary of the Department of Health and Human Services of the United StatesCourt of Appeals for the Second Circuit · 1984
- Quinton McCALL, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1987
- Keith v. HecklerDistrict Court, E.D. Virginia · 1985
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