William G. Weber v. Secretary of Health, Education, and Welfare

This interlocutory appeal presents another in what will, no doubt, be an ongoing series of cases designed to judicially establish the perimeters of powers and duties which may be delegated to United States magistrates under the broad general authority statutorily provided by 28 U.S.C. § 636 (b).

General Order No. 104-D adopted by the district court provides, inter alia, for reference to a full-time U. S. magistrate of all “actions to review administrative determinations re (sic) entitlement to benefits under the Social Security Act and related statutes, including but not limited to actions filed under 42 U.S.C. § 405 (g)”.

William G. Weber (herein designated as “appellee”, but not truly a party to this appeal) brought an action in the district court to review a final determination of the Secretary as authorized by 42 U.S.C. § 405 (g). The case was referred to a magistrate as provided by General Order No. 104-D. A motion by the Secretary praying to have the order of reference rescinded was denied and subsequently authorization for this interlocutory appeal as permitted by 28 U.S.C. § 1292 (b) was granted.

The Secretary initially contends that the rule calling for…