[Download] "Doe v. Secretary of Health and Human Services" by United States Court of Appeals for the First Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Doe v. Secretary of Health and Human Services
- Author : United States Court of Appeals for the First Circuit
- Release Date : January 27, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Per Curiam The question here is whether the district court had jurisdiction to review the Secretary's final decision dismissing claimant's request for a hearing. In accordance with 42 U.S.C. § 1383(c)(1), a hearing was scheduled at which claimant, an SSI recipient, could contest his benefit level. The hearing was continued, but claimant failed to appear on the scheduled continuance date. He thereafter informed the ALJ before whom the hearing had been scheduled that he would be unable to attend any hearing that month or probably the next two months because of ""[a] continuing series of illnesses,"" ""current lack of preparation for argument,"" ""the need to restrict [his] activities in preparation for surgery,"" and an ""inability to obtain lawyer services."" The ALJ, not satisfied with claimant's response, warned him that unless he submitted ""a satisfactory reason including a medical certificate,"" he would be deemed to have abandoned the hearing and his request for a hearing would be dismissed. Unsatisfied with the claimant's further response (the response is not in the record), the ALJ dismissed the case, and the Appeals Council denied review. In his district court complaint and amended complaints, claimant challenged the dismissal (as well as a number of other matters) contending, among other things, that he was too poor to go to a doctor and get a medical certificate and that consequently the dismissal of his request for a hearing violated due process. The district court dismissed the action for lack of jurisdiction without reaching the merits of any of claimant's claims.
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