United States Ninth Circuit

In a challenge to denial of social security benefits, summary judgment for the Social Security Administration is affirmed for lack of jurisdiction where: 1) denial of a motion to reopen application for benefits is not a final agency decision and thus is not subject to challenge in federal court absent a colorable constitutional claim; and 2) plaintiff's claim of due process violation based on mental impairment is not colorable.

Appellate Information

• Argued 06/13/2008
• Decided 09/16/2008
• Published 09/16/2008

Judges

• TASHIMA, Circuit Judge:, Before:  A. WALLACE TASHIMA, M. MARGARET McKEOWN, and RONALD M. GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Ian M. Sammis, San Rafael, CA, for the plaintiff-appellant.


• For Appellees:
  
• Deborah Lee Stachel, Special Assistant United States Attorney, San Francisco, CA, for the defendant-appellee.