Newberry

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

RALPH MITCHEL NEWBERRY, Case No. 20-cv-08858-VC

Plaintiff,

ORDER OF DISMISSAL FOR LACK OF

v. JURISDICTION

ANDREW M. SAUL,

Defendant.

This case is dismissed for lack of jurisdiction. The Social Security Act confers jurisdiction to review a “final decision” of the Secretary “made after a hearing.” 42 U.S.C. § 405(g). But the decision whether to reopen a prior determination falls outside of that jurisdictional grant. Califano v. Sanders, 430 U.S. 99, 107–09 (1977). Here, the ALJ declined to reopen a prior determination. That includes a “determination” that a claim for benefits is “res judicata.” Krumpelman v. Heckler, 762 F.2d 586, 588 (9th Cir. 1985). The complaint alleges that the ALJ failed to decide whether Newberry’s previously‑adjudicated claim for supplemental security income should be reopened. Specifically, Newberry notes that the ALJ, in ruling on the renewed benefits claim, stated that “[w]ith regard to the previously adjudicated period, the principle of res judicata applies with respect to the current application.” At first glance, this might be interpreted as a…