Davidson v. Califano

MEMORANDUM OPINION

ARNOLD, District Judge.

Pursuant to 42 U.S.C. § 405(g), plaintiff Verna L. Davidson filed suit for judicial review of the Secretary’s decision dismissing her third application for disability benefits. The defendant filed a motion to dismiss the complaint on jurisdictional grounds, to wit, that the suit does not seek to review a “final decision of the Secretary made after a hearing,” a prerequisite to judicial review under 42 U.S.C. § 405(g) as interpreted in Califano v. Sanders, 430 U.S. 99, 97 S.Ct. 980, 51 L.Ed.2d 192 (1977). The plaintiff has not responded to the motion.

The…