Roberts v. Shalala

ORDER

HICKS, United States Magistrate Judge.

The above-captioned matter is before the court on the motion of the SECRETARY of Health and Human Servioes seeking a dismissal of plaintiffs social security appeal on grounds that it was. submitted for filing outside the sixty day period following notification of her decision adverse to plaintiff. 1 Because of the taking of evidence and of the use of affidavits herein by both plaintiff and defendant, the court has determined that it is necessary to treat the Secretary’s motion as one for summary judgment rather than as a motion to dismiss. Pursuant…