The following excerpt is from Van Ha v. Colvin, CASE NO. 13-cv-1211-LAB-BLM (S.D. Cal. 2014):
Commissioner's denial of benefits, which may be asserted alongside claims challenging the denial, and constitutional claims unrelated to the Commissioner's denial, which can't be asserted here. For this distinction, the R&R relies on Weinberger v. Salfi, 422 U.S. 749, 762 (1975). Indeed, the R&R surveys the cases Ha relies on and differentiates them because "the constitutional claims in all of these cases challenged court conduct that occurred at a hearing, or procedures that affected the final outcome of a hearing under Section 405(g)." (R&R at 8.)
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