Legal Opinion

Rodriguez Flores v. Apfel

District Court, D. Puerto Rico

Decided December 2, 1998No. CIV. 94-1872(PG)PublishedCited by 2 opinions

1Opinion of the Court

OPINION & ORDER

PEREZ-GIMENEZ, District Judge.

Before this Court is defendant’s motion to dismiss for lack of subject matter jurisdiction. (Dkt.# 8). The issue before the Court is whether the Appeals Council’s dismissal of plaintiffs request for review as untimely constitutes final agency action subject to judicial review.

Factual Background

Plaintiff Olga Rodriguez Flores (hereinafter referred to as “Rodriguez”) applied for disability insurance benefits on April 26,1972 and was found disabled as of September 28, 1971 (Dkt.# 6, Ex. 4). On April 20, 1982, Rodriguez was notified that she was no…

2Cases cited14 opinions

Califano v. SandersSupreme Court of the United States · 1977
Weinberger v. SalfiSupreme Court of the United States · 1975
Bender v. Williamsport Area School DistrictSupreme Court of the United States · 1986
Claire McDonald v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1986
City of Tacoma v. Taxpayers of TacomaSupreme Court of the United States · 1958

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

3Cited by2 opinions

Muldoon v. AstrueDistrict Court, D. Massachusetts · 2008
AYALA-FELICIANO v. Commissioner of Social SecurityDistrict Court, D. Puerto Rico · 2005