Constance v. Secretary of Health & Human Services

MEMORANDUM

FREEDMAN, D.J.

This is an action under Section 1631(c)(3) of the Social Security Act, 42 U.S.C. § 1383(c)(3), to review a final decision of the Secretary. The jurisdiction of this Court is found in Section 205(g) of the Social Security Act, 42 U.S.C. §405(g). The plaintiff also claims a cause of action under 42 U.S.C. §1983 against the Commissioner of the Massachusetts Department of Public Welfare. Jurisdiction over that claim rests on 28 U.S.C. §1343. The'matter is presently before the Court on cross-motions for summary judgment.

I. BACKGROUND

The gravamen of plaintiffs complaint is…