context: While we are not bound by other circuit courts' decisions, we are persuaded by the numerous decisions of other circuit courts that have rejected Bloodsworth or its rationale and have held that Sanders precludes judicial review of an administrative decision not to extend the time limit.
citation_a.signal: see also
citation_a.parenthetical: AU's denial of request for extension of time not subject to judicial review
citation_a.sentence: See, e.g., Smith, 761 F.2d at 518-19 (8th Cir.1985) (Appeals Council’s decision not to consider untimely request for review not “final” decision under § 405(g), thus precluding judicial review, explicitly rejecting Bloodsworth); White v. Schweiker, 725 F.2d 91 (10th Cir.1984) (denial of extension of time to request AU hearing not subject to judicial review); Penner v. Schweiker, 701 F.2d 256 (3d Cir.1983) (Secretary’s denial of extension of time to request hearing not subject to judicial review under § 405(g), but holding that district court had jurisdiction to consider due process challenge based on ineffective notice of the Secretary’s determination); Dietsch v. Schweiker, 700 F.2d 865 (2d Cir.1983) (refusal by Appeals Council to enlarge time for its review not subject to judicial review); Watters v. Harris, 656 F.2d 234 (7th Cir.1980) (denial of motion to extend time to request hearing before AU not subject to judicial review); Peterson v. Califano, 631 F.2d 628 (9th Cir.1980) (refusal of Appeals Council to extend 60-day filing period for appeal to district court was not final decision under Sanders, distinguishing Langford); Sheehan v. Secretary of HEW, 593 F.2d 323 (8th Cir.1979) (Appeals Council’s decision denying review of late application not subject to judicial review); see also Sullivan v. Heckler, 602 F.Supp. 85 (D.Md.1985) (Appeals Council decision denying review of late application not subject to judicial review; explicitly rejecting Bloodsworth); Burbage v. Schweiker, 559 F.Supp. 1371 (N.D.Cal.1983) (AU’s denial of request for extension of time not subject to judicial review).
citation_b.signal: see
citation_b.parenthetical: Secretary's denial of extension of time to request hearing not subject to judicial review under SS 405(g
citation_b.sentence: See, e.g., Smith, 761 F.2d at 518-19 (8th Cir.1985) (Appeals Council’s decision not to consider untimely request for review not “final” decision under § 405(g), thus precluding judicial review, explicitly rejecting Bloodsworth); White v. Schweiker, 725 F.2d 91 (10th Cir.1984) (denial of extension of time to request AU hearing not subject to judicial review); Penner v. Schweiker, 701 F.2d 256 (3d Cir.1983) (Secretary’s denial of extension of time to request hearing not subject to judicial review under § 405(g), but holding that district court had jurisdiction to consider due process challenge based on ineffective notice of the Secretary’s determination); Dietsch v. Schweiker, 700 F.2d 865 (2d Cir.1983) (refusal by Appeals Council to enlarge time for its review not subject to judicial review); Watters v. Harris, 656 F.2d 234 (7th Cir.1980) (denial of motion to extend time to request hearing before AU not subject to judicial review); Peterson v. Califano, 631 F.2d 628 (9th Cir.1980) (refusal of Appeals Council to extend 60-day filing period for appeal to district court was not final decision under Sanders, distinguishing Langford); Sheehan v. Secretary of HEW, 593 F.2d 323 (8th Cir.1979) (Appeals Council’s decision denying review of late application not subject to judicial review); see also Sullivan v. Heckler, 602 F.Supp. 85 (D.Md.1985) (Appeals Council decision denying review of late application not subject to judicial review; explicitly rejecting Bloodsworth); Burbage v. Schweiker, 559 F.Supp. 1371 (N.D.Cal.1983) (AU’s denial of request for extension of time not subject to judicial review).