Hockridge

MEMORANDUM **

District courts have jurisdiction to review only “final decisions] of the Secretary made after a hearing.” 42 U.S.C. §§ 405 (g), (h); Evans v. Chater, 110 F.3d 1480, 1482 (9th Cir.1997). The Appeals Council's decision of November 3, 1999, “not to reopen a prior, final benefits decision ... is discretionary and not a final decision; therefore, it is not subject to judicial review.” Evans, 110 F.3d at 1482 .

We recognize an exception to this rule where a claimant raises a “colorable constitutional claim” alleging violation of his “due process right ... to a meaningful opportunity to be heard.” Id. at 1482-88 (internal quotation marks omitted). Hock-ridge argues that her due process rights were violated by: (1) the Commissioner’s decision not to reopen her first benefits application, even though she had requested reconsideration within twelve months of denial, see 20 C.F.R. § 404.988 (a); (2) the ALJ’s denial of her second application on the grounds of res judicata, despite her submission of additional medical evidence; and (3) the Commissioner’s failure, in the letters regarding her first application, to inform her of her rights to request reconsideration and to…