Macy v. United States Secretary of Health, Education & Welfare

MEMORANDUM ORDER

WARD, District Judge.

This action is before the Court upon motion of the defendant to dismiss on the grounds that the complaint fails to state a claim upon which relief may be granted. Specifically, the defendant contends that the Court lacks jurisdiction over the subject matter of the action because of the time limitation specified in Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), in that the complaint was not filed within sixty (60) days after the mailing to the plaintiff of notice of the final, decision of the Secretary of Health, Education and Welfare, and…