Stewart HOYE, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee

ORDER

The memorandum disposition filed November 24, 1992 is redesignated a per cu-riam opinion with minor modifications.

OPINION

PER CURIAM:

OVERVIEW

An administrative law judge (“AU”) dismissed Stewart Hoye’s application for disability insurance benefits and dismissed his request for a hearing, after Hoye failed to attend a scheduled hearing. Hoye’s request for review was denied by the appeals council. He then filed a civil action in the district court. The district court granted the Secretary’s motion to dismiss for lack of subject matter jurisdiction under 42 U.S.C. § 405 (g) and for lack of a colorable constitutional claim which would have provided the district court with an independent ground of jurisdiction. This appeal followed. We affirm the district court and dismiss this appeal for lack of subject matter jurisdiction.

DISCUSSION

1. Subject Matter Jurisdiction

Judicial review is authorized by 42 U.S.C. § 405 (g). The Supreme Court has stated that section 405(g) “clearly limits judicial review to a particular type of agency action, a ‘final decision of the Secretary made after a hearing.’ ” Califano v. Sanders, 430 U.S. 99, 108 , 97 S.Ct. 980, 985 , 51 L.Ed.2d 192…