Cancel v. Secretary of Health, Education and Welfare

MEMORANDUM AND ORDER

TOLEDO, District Judge.

This is an action brought by plaintiff for judicial review of the dismissal by the defendant of her request for a hearing before a hearing examiner of her claim for benefits under Title II of the Social Security Act (hereinafter called the Act). Defendant alleges that plaintiff failed to exhaust her administrative remedies with respect to her claim for benefits and, therefore, that there has been no “final decision’’ of the Secretary of Health, Education and Welfare (hereinafter called the Secretary), as contemplated by Section 205(g) of the Act,…