Legal Opinion

Ayala v. Secretary of Health, Education and Welfare

District Court, D. Puerto Rico

Decided April 18, 1972No. Civ. 554-71PublishedCited by 2 opinions

1Opinion of the Court

ORDER

TOLEDO, District Judge.

On January 28, 1972, the defendant filed a Motion to Dismiss for Failure to Institute Action timely, alleging that this Court lacks jurisdiction because the action was not commenced within the time prescribed by Section 205(g) of the Social Security Act, 42 United States Code 405(g). Said Section specifies that an appeal must be brought within sixty (60) days after the date of the mailing to the plaintiff of notice of the final decision of the Secretary of Health, Education and Welfare.

The record reveals that on June 15, 1971, well within the 60-day period, the…

2Cases cited10 opinions

  1. Thomas E. Blunt v. United States of America, Thomas E. Blunt v. United StatesCourt of Appeals for the D.C. Circuit · 1957
  2. Roland Belton v. United StatesCourt of Appeals for the D.C. Circuit · 1958
  3. Stockstrom v. Commissioner of Internal RevenueCourt of Appeals for the D.C. Circuit · 1951
  4. James Tillman, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1959
  5. Williams v. United StatesCourt of Appeals for the D.C. Circuit · 1951

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3Cited by2 opinions

  1. Carlyle W. Hatchell v. Margaret M. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Eleventh Circuit · 1983
  2. Willis v. WeinbergerDistrict Court, E.D. Virginia · 1974

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