Satterfield v. Celebrezze

HEMPHILL, District Judge.

Defendant, Secretary of Health, Education, and Welfare, has moved to dismiss this action on the basis that the appeal to this Court from an adverse decision of the Secretary was not made within the sixty days provided for in the applicable statute.

There is no dispute as to the time involved. Plaintiff’s complaint was filed sixty-one days after the notice of an adverse decision was mailed to plaintiff by the Secretary or his representative in Washington.

Counsel for plaintiff avers that the time should begin to run sixty days after receipt of the notice, not sixty days…