Is a decision not to reopen a final benefits decision subject to judicial review?

The Social Security Act limits judicial review of the Commissioner's decisions to "any final decision ... made after a hearing." 42 U.S.C. 405(g). A decision not to reopen a prior, final benefits decision, however, is discretionary and not a final decision; therefore, it is not subject to judicial review. Califano v. Sanders, 430 U.S. 99, 107-09, 97 S.Ct. 980, 985-86, 51 L.Ed.2d 192 (1977); Davis v. Schweiker, 665 F.2d 934, 935 (9th Cir.1982). Sanders, however, recognized an exception "where the Secretary's denial of a petition to reopen is challenged on constitutional grounds." 430 U.S. at 109, 97 S.Ct. at 986. ¹