Shalala v. Illinois Council on Long Term Care, Inc., 529 U.S. 1, 15 (2000)

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Cite as: 529 U. S. 1 (2000)

Opinion of the Court

dures authorizing termination of Social Security disability payments without a pretermination hearing. See 424 U. S., at 326-332. Eldridge, however, is a case in which the Court found that the respondent had followed the special review procedures set forth in § 405(g), thereby complying with, rather than disregarding, the strictures of § 405(h). See id., at 326-327 (holding jurisdiction available only under § 405(g)). The Court characterized the constitutional issue the respondent raised as "collateral" to his claim for benefits, but it did so as a basis for requiring the agency to excuse, where the agency would not do so on its own, see Salfi, 422 U. S., at 766-767, some (but not all) of the procedural steps set forth in § 405(g). 424 U. S., at 329-332 (identifying collateral nature of the claim and irreparable injury as reasons to excuse § 405(g)'s exhaustion requirements); see also Bowen v. City of New York, 476 U. S. 467, 483-485 (1986) (noting that Eldridge factors are not to be mechanically applied). The Court nonetheless held that § 405(g) contains the nonwaivable and nonexcusable requirement that an individual present a claim to the agency before raising it in court. See Ringer, supra, at 622; Eldridge, supra, at 329; Salfi, supra, at 763-764. The Council has not done so here, and thus cannot establish jurisdiction under § 405(g).

The upshot is that without Michigan Academy the Council cannot win. Its precedent-based argument must rest primarily upon that case.

IV

The Court of Appeals held that Michigan Academy modified the Court's earlier holdings by limiting the scope of "[§]1395ii and therefore § 405(h)" to "amount determinations." 143 F. 3d, at 1075-1076. But we do not agree. Michigan Academy involved a § 1331 suit challenging the lawfulness of HHS regulations that governed procedures used to calculate benefits under Medicare Part B—which Part provides voluntary supplementary medical insurance, e. g., for doctors' fees. See 476 U. S., at 674-675; United

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