Marianna Giampaoli v. Joseph A. Califano, Jr., Secretary of Health, Education, and Welfare

Appellee Giampaoli filed a claim for disability benefits with the Department of Health, Education, and Welfare (HEW), pursuant to subchapter II of the Social Security Act, 42 U.S.C. §§ 401-31 (1976). After the claim was denied, she sought review in federal district court pursuant to 42 U.S.C. § 405 (g) (1976). The district judge found that Giampaoli had established a prima facie case by showing she was unable to perform any of her former jobs but remanded to HEW for further fact-finding regarding the agency’s rebuttal contention that Giampaoli could perform sedentary jobs. HEW never reconvened the case, and the district judge eventually ordered HEW to show cause why judgment should not be entered for Giampaoli. After a hearing, the judge entered judgment for Giampaoli, and HEW here appeals, contending that the judgment contravenes rule 55(e) of the Federal Rules of Civil Procedure, which limits the availability of default judgments against the government. Jurisdiction lies under 28 U.S.C. § 1291 (1976). We find that the judgment was a judgment on the merits rather than a default judgment, and affirm.

I. FACTS

Subchapter II of the Social Security Act, 42 U.S.C. §§ 401-31 (1976),…