Joe R. Carney v. Joseph A. Califano, Jr., Secretary of Health, Education, and Welfare

Plaintiff filed a complaint pursuant to 42 U.S.C.A. § 405(g) 1 to obtain judicial review of a decision of the Secretary of Health, Education and Welfare, who after a hearing decided no new material facts were presented that would justify reopening the determination denying plaintiff’s claim for disability benefits. The district court 2 held, citing Califano v. Sanders, 430 U.S. 99, 107-08, 97 S.Ct. 980, 51 L.Ed.2d 192 (1977), that when, as in the instant case, no constitutional issues are raised, the federal courts lack jurisdiction to review a final decision of the Secretary not to reopen a…