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14-13829 - Robbins v. Colvin


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14-13829 - Robbins v. Colvin
November 3, 2015
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Magistrate Judge Marianne B. Bowler: ORDER entered. MEMORANDUM AND ORDER. In accordance with the foregoing discussion, the motion to dismiss (Docket Entry # 13) is ALLOWED to the extent that the dismissal of the untimely request for review is not a "final decision" under 42 U.S.C. § 405(g) subject to judicial review. The motion to dismiss (Docket Entry # 13) is DENIED inasmuch as plaintiff presents a colorable constitutional claim of a denial of due process sufficient to confer jurisdiction. Counsel shall advise this court within 30 days whether he wishes to pursue this constitutional claim. (Patton, Christine)
April 12, 2017
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Magistrate Judge Marianne B. Bowler: ORDER entered. FINAL JUDGMENT. It is ORDERED and ADJUDGED that this action be REMANDED to Carolyn W. Colvin, Acting Commissioner of the Social Security Administration, under sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with this court's April 12, 2017 Memorandum and Order. (Patton, Christine)