Mack v. Finch

OPINION

ROSENBERG, District Judge.

The defendant, Robert H. Finch, Secretary of Health, Education and Welfare, has here filed a Motion To Dismiss the above entitled case because it was not timely filed.

The action here is an appeal from the decision of the Secretary of Health, Education and Welfare denying the plaintiff’s claim for disability benefits under the Social Security Act, 42 U.S.C. § 405(g). Attached to the motion is an affidavit of James H. Nease, Chairman of the Appeals Council, and from the whole record I find that by letter of October 20, 1969 which was mailed to the plaintiff by…