Cole v. Secretary of Health, Education and Welfare

NAUMAN S. SCOTT, District Judge:

This action has been brought pursuant to Section 205(g) of the Social Security Act, 42 U.S.C. 405(g) to review an adverse decision of the Secretary of Health, Education and Welfare as to Cole’s administrative claim for disability social security benefits. The Secretary has filed a motion to dismiss on the grounds that this court lacks jurisdiction over the subject matter and that plaintiff has failed to state a claim upon which relief can be granted. As matters outside the pleadings were presented and not excluded by the Court, the motion was converted to a…