ELCHEDIAK v. HECKLER

No. 84-5415. Non-Argument Calendar.

750 F.2d 892 (1985)

Jose M. ELCHEDIAK, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 15, 1985.


Attorney(s) appearing for the Case

Adolfo J. Vila, Miami, Fla., for plaintiff-appellant.

Marie T. Ransley, Asst. Regional Atty., Dept. of Health & Human Services, Atlanta, Ga., for defendant-appellee.

Before VANCE, HENDERSON and CLARK, Circuit Judges.


PER CURIAM:

Plaintiff Jose Elchediak appeals the district court's granting of the Secretary's motion to dismiss for lack of jurisdiction under 42 U.S.C. 405(g). Since we find that plaintiff's contention that his mental illness precluded him from litigating his claim for disability benefits because it prevented him from proceeding in a timely fashion from one administrative level to the next raises a colorable constitutional claim, we reverse

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases