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Rios V. Sec'y HEW

Date: 
01/01/1980
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"Final decision" of the Secretary generally means the initial substantive decision of the Secretary on the benefits claim. 405(g) cannot be read to authorize judicial review of alleged abuses of agency discretion in refusing to reopen claims for social security benefits. This is so principally because the "final decision of the Secretary" refers to the initial substantive decision of the Secretary on the benefits claim. District Court was without jurisdiction to review dismissal of Rios' third claim for benefits when dismissal was based on grounds of res judicata and insufficient new evidence.

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