Rouse v. Harris

OPINION

BROTMAN, District Judge.

This is an action seeking judicial review of the Secretary’s denial of plaintiff’s application for child’s insurance benefits under Title II of the Social Security Act [hereinafter, the “Act”], 42 U.S.C. § 401, et seq. The case is now before this court on the Secretary’s motion to dismiss the complaint for lack of subject matter jurisdiction, Fed. R.Civ.P. 12(b)(1), and for failure to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(6). However, in light of the court’s ruling on the defendant’s first argument, the lack of subject matter…