Delmar INGRAM, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

Plaintiff appeals from an order of the district court granting summary judgment to the Secretary. The order had the effect of upholding a decision of the Secretary denying plaintiff’s request to re-open an earlier application, in order to extend the period over which benefits awarded him on his later application would be given retroactive effect.

The Supreme Court has noted that federal courts are without jurisdiction to review a decision of the Secretary refusing to reopen previously adjudicated claims, at least in the absence of a constitutional challenge. Califano v. Sanders, 430 U.S. 99,…