Section 404.900 - Introduction

2 Citing briefs

  1. Ruschak v. Tauberg et al

    BRIEF in Support re Motion to Dismiss

    Filed March 31, 2017

    . See 20 C.F.R. § 404.900(a); see also Sanders, 430 U.S. at 102 (“The Act and regulations thus create an orderly administrative mechanism, with district court review of the final decision of the [Commissioner].”). Here, Plaintiff’s conspiracy/cover-up claim, even liberally construed, does not challenge any final decision of the Social Security Administration. Moreover, section 405(g) does not provide any waiver of the Social Security Administration’s immunity from allegedly tortious or criminal conduct asserted by Plaintiff.

  2. Heinemann v. Social Security Administration et al

    MOTION to Dismiss for Lack of Jurisdiction

    Filed January 20, 2017

    Nevertheless, assuming arguendo that the September 12, 2016 SSA notice that plaintiff challenges is an initial SSA determination for purposes of 20 C.F.R. § 404.902, that initial determination would have to Case 1:16-cv-00460-DBH Document 28 Filed 01/20/17 Page 5 of 8 PageID #: 90 5 proceed through the entire administrative process, see 20 C.F.R. § 404.900(a)3, before it would be final for purposes of 42 U.S.C. § 405(g) jurisdiction. Specifically, the initial determination would have to undergo a reconsideration determination, 20 C.F.R. § 404.