Johnson v. Heckler (1985)
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Bruce Crawford v. United States (1986)
“In any suit against the United States, the statute of limitations is an integral part of the government’s consent to suit, and as such is an issue of subject matter jurisdiction that cannot be waived.” Walters v. Secretary of Defense, 725 F.2d 107 , 112 n. 12 (D.C.Cir.1983); cf. Johnson v. Heckler, 776 F.2d 166, 168 (7th Cir.1985) (opinion dissenting from denial of rehearing en banc), citing cases.
Moreover, it is inconsistent with the holding in this and every other circuit that once a claimant has shown he can no longer do his past work, the burden shifts to the Secretary to show “that the claimant retains the capacity to perform an alternate work activity and that this specific type of job exists in the national economy.” Channel v. Heckler, 747 F.2d 577, 579 (10th Gir.1984); see also Johnson v. Heckler, 769 F.2d 1202, 1210 (citing cases), reh’g en banc denied by eq…
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Martin v. Bowen (1987)
See Johnson v. Heckler, 769 F.2d 1202 , reh. denied, 776 F.2d 166 (7th Cir. 1985), petition for cert. filed, 54 U.S.L.W. 3600 (U.S. Feb. 27, 1986).