DREXEL W. BIDDLE, PLAINTIFF-APPELLEE,
v.
MARGARET M. HECKLER, SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT-APPELLANT

11th Cir. | 1983-12-27
No. 82-8178
721 F.2d 1321 Court of Appeals for the Eleventh Circuit (1983) Positive Treatment
Cited by 4 cases
Opinion of the Court
BY THE COURT:

BY THE COURT:

The motion of appellee to dismiss the appeal is GRANTED, because the appeal is not from a final order. An order of the district court remanding the case to the Secretary for further consideration is generally not a final order. Barfield v. Weinberger, 485 F. 2d 696, 698 (5th Cir.1973); see Jordan v. Heckler, 721 F. 2d 349 (11th Cir.1983); Howell v. Schweiker, 699 F. 2d 524, 526 (11th Cir.1983); Hall v. Heckler, No. 83-7097 (11th Cir. filed May 23, 1983); Chastang v. Heckler, No. 82-7161 (11th Cir. July 7, 1982).

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Crawford & Co. v. Apfel, 235 F.3d 1298 (11th Cir. 2000)
    …r the auspices of the Department of Health and Human Services. 42 U.S.C. § 901 note. Hence, some of the older cases refer to the Secretary of the Department of Health and Human Services instead of the Commissioner of the SSA. See Biddle v. Heckler, 721 F. 2d 1321 (11th Cir.1983). . The fourth sentence of § 405(g) provides that "[t]he court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying or reversing the decision of the Commissioner of Social Securi…
  • Huie v. Bowen, 788 F.2d 698 (11th Cir. 1986)
    …Lybrand v. Livesay, 437 U.S. at 471, 98 S.Ct. at 2459, 57 L.Ed.2d at 359. Generally, an order of a district court remanding a case to the Secretary of Health and Human Services for further consideration is not an appealable order. Biddle v. Heckler, 721 F. 2d 1321 (11th Cir. 1983); Howell v. Schweiker, 699 F. 2d 524 (11th Cir.1983). As support for the claim that the district court’s remand is a final order, the Secretary points to section 2(d)(4) of the Act. That section provides that the decision of the Sec…
  • Doughty v. Otis R. Bowen, M.D., 839 F.2d 644 (10th Cir. 1988)
    …s not appealable under 28 U.S.C. § 1291 (1982). Beach v. Bowen, 788 F. 2d 1399, 1401 (8th Cir.1986); Huie v. Bowen, 788 F. 2d 698, 699, 701 (11th Cir.1986); Memorial Hospital System v. Heckler, 769 F. 2d 1043, 1044 (5th Cir.1985); Biddle v. Heckler, 721 F. 2d 1321 (11th Cir.1983). However, a remand order is appealable if it comes within an [*646] exception to the final-order rule. The Supreme Court established the exception in Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 545-47, 69 S.Ct. 1221, 12…

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