context: At oral argument, counsel for the Secretary was unable to provide any explanation for why Matthews's request for a hearing on the Garden Gate Manor SNF discharge issue went unheeded. In light of the Secretary's unexplained failure to provide Matthews a requested hearing and the fact that the Garden Gate Manor SNF discharge issue was ultimately presented to the Secretary and considered by him in the ALJ's April 20, 2000 decision on whether Matthews was entitled to coverage for the full period of his stay at Gardens at Manhattan SNF, we, like the District Court, do not reject plaintiffs' claim for failure to exhaust administrative remedies.
citation_a.signal: see also
citation_a.identifier: 466 U.S. 602, 618
citation_a.parenthetical: "[I]n certain special cases, deference to the Secretary's conclusion as to the utility of pursuing the claim through administrative channels is not always appropriate."
citation_a.sentence: See Mathews v. Eldridge, 424 U.S. 319, 328, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976) (providing that under the exhaustion requirement of 42 U.S.C. § 405(g), ''[t]he waivable element is the requirement that the administrative remedies prescribed by the Secretary be exhausted” and that ”[t]he nonwaivable element is the requirement that a claim for benefits shall have been presented to the Secretary”); see also Heckler v. Ringer, 466 U.S. 602, 618, 104 S.Ct. 2013, 80 L.Ed.2d 622 (1984) (”[I]n certain special cases, deference to the Secretary's conclusion as to the utility of pursuing the claim through administrative channels is not always appropriate.”); City of New York v. Heckler, 742 F.2d 729, 736 (2d Cir.1984) (commenting that judicial waiver of 42 U.S.C. § 405(g)'s exhaustion requirement may be appropriate where "plaintiff's legal claims are collateral to the demand for benefits”).
citation_b.signal: see
citation_b.identifier: 424 U.S. 319, 328
citation_b.parenthetical: providing that under the exhaustion requirement of 42 U.S.C. SS 405(g
citation_b.sentence: See Mathews v. Eldridge, 424 U.S. 319, 328, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976) (providing that under the exhaustion requirement of 42 U.S.C. § 405(g), ''[t]he waivable element is the requirement that the administrative remedies prescribed by the Secretary be exhausted” and that ”[t]he nonwaivable element is the requirement that a claim for benefits shall have been presented to the Secretary”); see also Heckler v. Ringer, 466 U.S. 602, 618, 104 S.Ct. 2013, 80 L.Ed.2d 622 (1984) (”[I]n certain special cases, deference to the Secretary's conclusion as to the utility of pursuing the claim through administrative channels is not always appropriate.”); City of New York v. Heckler, 742 F.2d 729, 736 (2d Cir.1984) (commenting that judicial waiver of 42 U.S.C. § 405(g)'s exhaustion requirement may be appropriate where "plaintiff's legal claims are collateral to the demand for benefits”).