Smith v. Barnhart

Second Circuit

Smith v. Barnhart

114 F. App'x 39

CourtCourt of Appeals for the Second Circuit

DecidedNovember 30, 2004

DocketNo. 04-0209

StatusPublished

This text of 114 F. App'x 39 (Smith v. Barnhart) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Barnhart, 114 F. App'x 39 (2d Cir. 2004).

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Opinion

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court be and it hereby is AFFIRMED.

Plaintiff Jack R. Smith (“Smith”) filed this action in 2002, seeking review of the Social Security Administration’s partial denial of his request for benefits. The government moved to dismiss for want of jurisdiction, on the grounds that the plaintiff sought judicial review without first obtaining a “final decision” from the Social Security Commissioner. See 42 U.S.C. § 405(g). The district court (Spatt, J.) dismissed Smith’s claims for want of jurisdiction in a decision dated November 29, 2003.

We agree for substantially the reasons given by the district court that the court lacked jurisdiction to review the plaintiffs claims.

We have considered all of the plaintiffs arguments and find them to be without merit. We therefore AFFIRM the judgment of the district court.

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SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court be and it hereby is AFFIRMED.

Plaintiff Jack R. Smith (“Smith”) filed this action in 2002, seeking review of the Social Security Administration’s partial denial of his request for benefits. The government moved to dismiss for want of jurisdiction, on the grounds that the plaintiff sought judicial review without first obtaining a “final decision” from the Social Security Commissioner. See 42 U.S.C. § 405(g). The district court (Spatt, J.) dismissed Smith’s claims for want of jurisdiction in a decision dated November 29, 2003.

We agree for substantially the reasons given by the district court that the court lacked jurisdiction to review the plaintiffs claims.

We have considered all of the plaintiffs arguments and find them to be without merit. We therefore AFFIRM the judgment of the district court.

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Bluebook (online)

114 F. App'x 39, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-barnhart-ca2-2004.

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