Kapp v. Schweiker

OPINION AND ORDER

AGUILAR, District Judge.

FACTS

This action is before the Court on the Secretary of Health and Human Services’ motion to dismiss plaintiff’s complaint for judicial review of an adverse decision made by defendant regarding plaintiff’s claim for disability benefits. The Secretary contends that this action should be dismissed because this Court is without subject matter jurisdiction to entertain the action.

Over the past five years plaintiff has filed three different applications for disability benefits, each application alleging that he became disabled on March 17, 1976. The first…