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Delmar INGRAM v. SECRETARY OF HEALTH AND HUMAN SERVICES

19 soc.sec.rep.ser. 103, unempl.ins.rep. Cch 17,591 Delmar Ingram v. Secretary of Health and Human Services

Delmar INGRAM v. Sec'y of Health & Human Servs., 830 F.2d 67 (6th Cir. 1987)
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Court
Court of Appeals for the Sixth Circuit · U.S. Courts of Appeals
Decided
July 14, 1987
Docket
No. 86-1705
Judges
Keith, Norris, Peck, Per Curiam
Citations
830 F.2d 671987 U.S. App. LEXIS 1299519 Soc. Serv. Rev. 103

Opinion — Per Curiam

PER CURIAM.

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 , 97 S.Ct. 980 , 51 L.Ed.2d 192 (1977). Simply couching in constitutional language what is in reality an argument, that the Secretary abused his discretion in refusing to re-open a claim, does not convert the argument into a colorable constitutional challenge. Gos *68 nell v. Secretary, 703 F.2d 216 (6th Cir. 1983).

Because we conclude that the Secretary did refuse to re-open the previous application, and that plaintiff has failed to raise a colorable constitutional challenge, the Secretary’s decision is not reviewable.

In addition, plaintiff is precluded from raising here, for the first time, his argument that he is raising a colorable constitutional challenge.

Accordingly, the order of the district court is affimed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1990: 21992: 12004: 22005: 12018: 12020: 12021: 119902026peak 1990 · 2

Relies on it most ⓘ

  1. Smith v. Commissioner of Social Security880 F.3d 813 (6th Cir. 2018)
  2. Glazer v. Commissioner of Social Security92 F. App'x 312 (6th Cir. 2004)
  3. Bowens v. Barnhart101 F. App'x 93 (6th Cir. 2004)
  4. Herman L. Melvin v. Louis W. Sullivan, M.D., Secretary of Health and Human Services902 F.2d 33 (6th Cir. 1990)
  5. Paul Runyon v. Secretary of Health and Human Services977 F.2d 583 (6th Cir. 1992)
  6. Suciu v. Barnhart405 F. Supp. 2d 874 (M.D. Tenn. 2005)

Most recent

  1. Blair v. SSANo. 7:17-cv-00095 (E.D. Ky. Mar. 29, 2021)
  2. Acker v. Commissioner of Social SecurityNo. 1:17-cv-00909 (W.D. Mich. Apr. 27, 2020)
  3. Smith v. Commissioner of Social Security880 F.3d 813 (6th Cir. 2018)
  4. Suciu v. Barnhart405 F. Supp. 2d 874 (M.D. Tenn. 2005)
  5. Bowens v. Barnhart101 F. App'x 93 (6th Cir. 2004)
  6. Glazer v. Commissioner of Social Security92 F. App'x 312 (6th Cir. 2004)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Califano v. Sanders, 430 U.S. 99 (1977) 3,640
Gosnell v. Sec'y of Health & Human Servs., 703 F.2d 216 (6th Cir. 1983) 11

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