White v. Secretary of Health, Education & Welfare

JAMES T. FOLEY, Chief Judge.

MEMORANDUM-DECISION and ORDER

The defendant Secretary moves to dismiss this claim which seeks review of an adverse determination by the defendant Secretary after the usual administrative hearings and review in the Department of Health, Education and Welfare. The motion must be granted because, in my judgment, there is no doubt from the records in this Court that the complaint was not filed within the sixty-day period after the Appeals Council denied plaintiff’s request for review of the Hearing Examiner’s decision. It is unfortunate to find, as here, a situation…