Thomas v. Gardner

Memorandum and Order of Dismissal

HENLEY, Chief Judge.

This is an action brought under section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), to secure judicial review of a ruling of the Social Security Administration to the effect that plaintiff, Mrs. Lucille S. Thomas, is not entitled to disability benefits under the Act. The cause is before the Court on the Government’s motion to dismiss.

Ultimately, the question for decision is that presented in Gardner v. Moon, 8 Cir., 360 F.2d 556, and in Langford v. Flemming, 5 Cir., 276 F.2d 215, namely, whether the Appeals Council of the…