Delmar INGRAM, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

Sixth Circuit

Delmar INGRAM, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

830 F.2d 67, 1987 U.S. App. LEXIS 12995, 19 Soc. Serv. Rev. 103

Court of Appeals for the Sixth Circuit·Decided July 14, 1987·No. 86-1705·Published·Cited by 9 cases

Opinion

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Delmar INGRAM, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee, 830 F.2d 67, 1987 U.S. App. LEXIS 12995, 19 Soc. Serv. Rev. 103 (6th Cir. 1987).

Pincite

830 F.2d 67 (Delmar INGRAM, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related