Legal Opinion

Gomez v. Barnhart

Court of Appeals for the Fifth Circuit

Decided June 9, 2006No. 05-31162Unpublished

1Opinion of the Court

PER CURIAM: *

Josefa Gomez filed applications for supplemental social security benefits in 1984 and 1985; both applications were denied. In 1999, Gomez sought to reopen the 1984 and 1985 applications. The Commissioner denied Gomez’s request. Gomez filed an action in district court seeking judicial review of the Commissioner’s adverse decision. The district court dismissed her case for lack of jurisdiction. Gomez appeals. We affirm.

Absent a colorable constitutional claim, we lack jurisdiction under 42 U.S.C. § 205 over the Commissioner’s refusal to reopen a prior decision. 1 Gomez argues that…

2Cases cited2 opinions

  1. Califano v. SandersSupreme Court of the United States · 1977
  2. Thibodeaux v. BowenCourt of Appeals for the Fifth Circuit · 1987

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