7th Circuit overrules decades-old precedent, orders more proceedings on benefits case

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The 7th Circuit Court of Appeals reversed the dismissal by a federal judge of a woman’s petition for judicial review of the decision to deny rehearing her request for Social Security disability benefits. In doing so, the judges overruled a 1980 7th Circuit decision with similar facts.

Marilyn Boley was denied benefits by the Social Security Administration. Instead of requesting a hearing by an administrative law judge within 60 days of the denial as is allowed by regulations, Boley took nine months to make the request. The SSA notified Boley of its decision to deny benefits but did not send the notice to her attorney. Boley was ill at the time and relied on her attorney to protect her interests.

When her lawyer requested the hearing, the ALJ dismissed the request. The ALJ ruled Boley lacked “good cause” for the delay in her request, so an extension of time to file is not supported.

Chief Judge Richard Young in the Southern District of Indiana then dismissed Boley’s petition for judicial review, ruling that the ALJ’s decision to dispense with an oral hearing means that he court lacks subject-matter jurisdiction. Young relied on 42 U.S.C. Section 405(g), which authorizes review of the agency’s final decisions, to make his decision.

This case hinges on what is considered a “hearing,” which Young assumed meant an oral procedure required by a statute or regulation. The 7th Circuit concluded that “hearing” means whatever process the SSA deems adequate to produce a final decision – a view that no court of appeals has explicitly adopted. The panel’s decision follows Weinberger v. Salfi, 422 U.S. 749, 763-67 (1975), and Matthews v. Eldridge, 424 U.S. 319, 326-32 (1976). Under those cases, Boley is entitled to judicial review of her contention that the agency mishandled her case.

But 34 years ago, the 7th Circuit Court in Watters v. Harris, 656 F. 2d 234 (7th Cir. 1980), held otherwise. Watters is materially identical to Boley’s situation, but in that case, the appeals panel dismissed for want of jurisdiction and held that the agency’s decision to not take oral testimony blocked judicial review. Watters made jurisdiction turn on the presence of a constitutional argument, but Monday, the panel decided that Watters is wrongly decided.

“The prospect of moving from one side of a conflict to another is not attractive, especially when the conflict is so old and the Supreme Court has been content to allow the disagreement to continue. Nonetheless, we have a duty to apply §405(g) the way the Supreme Court did in Salfi and Eldridge, and we very much want to give the statute a reading that avoids unnecessary constitutional litigation of the kind that Watters and similar decisions invite,” Judge Frank Easterbrook wrote.

Watters is overruled. This opinion has been circulated to all judges in active service under Circuit Rule 40(e). None requested a hearing en banc.

The District Court’s judgment is vacated, and the case is remanded with instructions to decide whether substantial evidence, and appropriate procedures, underlie the decision that Boley lacks ‘good cause’ for her delay in seeking intra-agency review.”

The case is Marilyn R. Boley v. Carolyn W. Colvin, acting commissioner of Social Security 13-1252.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.