Burns v. Heckler

MEMORANDUM OPINION AND ORDER

PLUNKETT, District Judge.

Charles Burns (“Plaintiff”) brought this action against Margaret M. Heckler, as Secretary of Health and Human Services (“Defendant” or the “Secretary”), essentially seeking reversal of the Secretary’s decision dismissing Plaintiff’s request for a hearing on his claim for Supplemental Security Income benefits (“S.S.I.”) as untimely. Plaintiff invokes 42 U.S.C. § 405(g) (“§ 405(g)”), see 42 U.S.C. § 1383(c)(3), and 28 U.S.C. § 1361 (“§ 1361”) as alternative bases for subject matter jurisdiction over this case. Presently before the court are…