Citation Codes Equivalent Citations citation codes Docket Number No. 78-2735. Summary Calendar. Attorney(S) Jacob A. Rose, Florida Rural Legal Services, Inc., Belle Glade, Fla., for plaintiff-appellant. Jack V. Eskenazi, U.S. Atty., Don R. Boswell, Asst. U.S. Atty., Miami, Fla., for defendant-appellee. Judges John Robert Brown James Plemon Coleman Acts The Public Health And Welfare — Social Security — Federal Old-Age, Survivors, And Disability Insurance Benefits — Evidence, Procedure, And Certification For Payments See more information ... Smart Summary Please sign up to generate summary. WILMA ROWLAND, PLAINTIFF-APPELLANT, v. JOSEPH A. CALIFANO, JR., SECRETARY OF HEALTH, EDUCATION AND WELFARE, DEFENDANT-APPELLEE. PER CURIAM: Appellant filed a request for judicial review of a final decision of the Secretary of Health, Education and Welfare. On the federal magistrate's recommendation, the District Judge dismissed the complaint, finding that appellant's having filed outside the sixty day statutory time period deprived the Court of jurisdiction. It appearing that the District Court failed to consider contrary authority in Weinberger v. Salfi, 1975, 422 U.S. 749, 764, 95 S.Ct. 2457, 2466, 45 L.Ed.2d 522, 538, and Mathews v. Eldridge, 1976, 424 U.S. 319, 328 n. 9, 96 S.Ct. 893, 899, 47 L.Ed.2d 18, 29 n. 9, we reverse the judgment of dismissal and remand the cause for a consideration of the merits. 42 U.S.C.A. § 405(g). In both opinions the Court recognized that the sixty day period was a statute of limitations, waivable by the parties. Thus, since the parties did not raise the issue of compliance at the District Court level, it did not need to be considered in determining whether the District Court had jurisdiction. REVERSED and REMANDED.