Kinyoun v. Ribicoff

R. JASPER SMITH, District Judge.

In this action, brought pursuant to the provisions of Section 405(g), Title 42, U.S.C.A., plaintiff seeks review of a decision of the Secretary of Health, Education and Welfare denying him disability insurance benefits as provided by Sections 416 and 423, Title 42, U.S.C.A. Defendant has moved to dismiss on the ground that plaintiff did not, as required by Section 405(g), commence the action within sixty days from the mailing of the notice of the final decision of the Secretary.

The record shows that plaintiff’s claims were denied by the Appeals Council of the…