Mills v. Richardson

OPINION

GOURLEY, Senior District Judge:

This Complaint has been filed to obtain judicial review of the dismissal by defendant of plaintiff’s claim for child’s disability benefits under the Social Secu rity Act. Jurisdiction is asserted to exist pursuant to 42 U.S.C.A. § 405(g). The immediate matter before the Court is defendant’s Motion to Dismiss pursuant to Rule 12(b) of the Federal Rules of Civil Procedure.

Defendant’s position, very simply stated, is that there is no jurisdiction in this Court because there has been no final decision as required by 42 U.S.C.A. § 405(g). This position is…