Legal Opinion
George Dietsch v. Richard Schweiker, as Secretary of the Department of Health and Human Services
Court of Appeals for the Second Circuit
Decided February 14, 1983No. 318, Docket 82-6118PublishedCited by 74 opinions
1Opinion of the Court
GEORGE C. PRATT, Circuit Judge:
The central issue on this appeal, as in the companion case decided today, Monferrato v. Schweiker, 700 F.2d 869 (2d Cir.1983), is whether mailing a request for review of an administrative law judge’s decision constitutes filing within the meaning of the regulations promulgated under the Social Security Act, particularly 20 C.F.R. § 404.968(a). In this case the request for review was allegedly mailed on the last day of the 60-day period provided by the regulations and was dismissed as untimely by the Appeals Council. Reasoning that actual receipt of Dietsch’s…
2Cases cited12 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Udall v. TallmanSupreme Court of the United States · 1965
- Weinberger v. SalfiSupreme Court of the United States · 1975
- Ellis v. BlumCourt of Appeals for the Second Circuit · 1981
- Claudia Frost v. Caspar Weinberger, as Secretary of United States Department of Health,education and WelfareCourt of Appeals for the Second Circuit · 1975
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3Cited by74 opinions
- Heckler v. RingerSupreme Court of the United States · 1984
- RANDALL D. WOLCOTT, MD, PA v. SebeliusCourt of Appeals for the Fifth Circuit · 2011
- Smith v. BerryhillSupreme Court of the United States · 2019
- City of New York v. HecklerCourt of Appeals for the Second Circuit · 1984
- Rodney BURNETT, Plaintiff-Appellant, v. Otis BOWEN, Secretary, Department of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1987
69 more not listed; retrieve them via the Exa API.