Legal Opinion
Mathews v. Chater
District Court, S.D. New York
Decided July 24, 1995No. 94 Civ. 4670 (JGK)PublishedCited by 16 opinions
1Opinion of the Court
OPINION AND ORDER
KOELTL, District Judge:
The defendant Commissioner of Social Security moves to dismiss this action under Rule 12(b)(1) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction because the plaintiff has failed to exhaust her administrative remedies. For the reasons explained below, the motion is granted and this action is dismissed without prejudice for failure to exhaust administrative remedies. 2
I
On August 20, 1987, the plaintiff, Sadie Mathews, applied for widow’s disability benefits pursuant to Section 202(e) of the Social Security Act, 42 U.S.C. §…
2Cases cited13 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Califano v. SandersSupreme Court of the United States · 1977
- Willis v. SullivanCourt of Appeals for the Sixth Circuit · 1991
- Antares Aircraft L. P. v. Federal Republic of NigeriaSupreme Court of the United States · 1992
- Antares Aircraft, L.P. v. Federal Republic of Nigeria, and Nigerian Airports AuthorityCourt of Appeals for the Second Circuit · 1991
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Norman v. AstrueDistrict Court, S.D. New York · 2012
- Iwachiw v. MassanariCourt of Appeals for the Second Circuit · 2005
- Ostrovsky v. MassanariCourt of Appeals for the Second Circuit · 2003
- Perez v. ApfelCourt of Appeals for the Second Circuit · 2001
- Smith v. BarnhartDistrict Court, E.D. New York · 2003
11 more not listed; retrieve them via the Exa API.