Does the doctrine of exhaustion apply to a claim under the Social Security Act?

MultiRegion, United States of America

The following excerpt is from Baker v. Mathews, 538 F.2d 855 (9th Cir. 1976):

Relying upon Canton v. Spokane School District No. 81, 498 F.2d 840 (CA9 1974), the district court expressed the view that appellants had no administrative remedies and, consequently, the doctrine of exhaustion was not applicable. Canton states the general rule that in claims prosecuted under the Civil Rights Act state judicial remedies need not be exhausted in order to perfect a federal claim. Of course, this is not a Civil Rights case, and there is nothing in Canton which even remotely suggests that the doctrine of exhaustion of federal remedies should not be employed where, as here, the very core of the claim is dependent upon a construction of the relevant provisions of the Social Security Act 1 and the regulations promulgated thereunder.

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