John W. Biron v. Patricia Roberts Harris, Secretary of Health, Education and Welfare

In this Social Security action plaintiff-appellant Biron seeks reversal of the District Court’s order granting the motion to dismiss of the defendant-appellee, Secretary of Health, Education and Welfare, for failing to file his action with the court in a timely manner. We here affirm that order, finding that this court is without power to waive the filing limitation missed by the plaintiff and furthermore finding that the Secretary did not waive the limitation by her consideration of additional materials submitted by the plaintiff after the final administrative decision denying Social…