Legal Opinion
Cecil R. SHOWS, Plaintiff-Appellant, v. the DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-Appellee
Court of Appeals for the Eleventh Circuit
Decided August 31, 1984No. 83-7540PublishedCited by 3 opinions
Non-Argument Calendar.
1Per curiam
Cecil R. Shows’ complaint for judicial review of the administrative denial of disability insurance benefits under the Social Security Act was dismissed sua sponte prior to service on The Department of Health and Human Services. The court held it lacked jurisdiction since judicial review was not sought within 60 days of the Appeals Council decision. We reverse and remand, because the 60-day time limit specified in 42 U.S.C.A. § 405(g) is not jurisdictional and is waivable so that the Government must be served.
42 U.S.C.A. § 405(g) provides for judicial review of the Secretary’s final decision…
2Cases cited5 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Weinberger v. SalfiSupreme Court of the United States · 1975
- Combee v. Shell Oil Co.Court of Appeals for the Fifth Circuit · 1980
- Carlyle W. Hatchell v. Margaret M. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Eleventh Circuit · 1983
- Wilma Rowland v. Joseph A. Califano, Jr., Secretary of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1979
3Cited by3 opinions
- Lula B. TRIPLETT, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1985
- Arthur G. STONE, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of the U.S. Department of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1985
- James C. Gionfriddo, Jr. v. Commissioner of Social SecurityCourt of Appeals for the Eleventh Circuit · 2012