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SMITH v. HECKLER

No. 84-1690.

761 F.2d 516 (1985)

Charles J. SMITH, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 14, 1985.

Attorney(s) appearing for the Case

James W. Stanley, Jr., North Little Rock, Ark., for appellant.

Thomas Stanton, H.H.S., Dallas, Tex., argued, for appellee; Gregory J. Mullins, Dept. of Health and Human Services, Dallas, Tex., on brief.

Before JOHN R. GIBSON and BOWMAN, Circuit Judges, and ROBERTS, District Judge.

JOHN R. GIBSON, Circuit Judge.

Charles J. Smith appeals an order of the district court1 dismissing his complaint for lack of subject matter jurisdiction. A claim by Smith for disability insurance benefits had been denied by an administrative law judge of the Social Security Administration. Smith failed to timely appeal the denial but later requested the Appeals Council of the Social Security Administration to review the ALJ's decision...

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