DeLeon v. Secretary of Health and Human Services

OPINION

BENJAMIN F. GIBSON, District Judge.

This is an action pursuant to section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review a final decision of the Secretary of Health and Human Services denying plaintiffs claim for surviving child’s insurance benefits. The matter is now before the court upon the government’s motion to dismiss for lack of subject matter jurisdiction, Fed.R.Civ.P. 12(b)(1). After carefully reviewing the record and the parties’ submissions and arguments, the court concludes that the motion should be granted.

Plaintiff DeLeon first applied for benefits on her…