Fineberg v. Secretary of Health, Education & Welfare

CURTIN, District Judge.

This is an action brought under 42 U. S.C. § 405(g) for review of a final decision of the Secretary of Health, Education and Welfare denying plaintiff’s application for hospital insurance benefits under 42 U.S.C. § 1395c. Defendant seeks summary judgment based on the pleadings, the record and the decision below.

The plaintiff filed an application for hospital insurance benefits on April 29, 1970 for payment of extended care benefits at Carlton House Nursing Home [Carlton House] commencing on April 28, 1970. The application was denied initially and denied also on…