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BURBAGE v. SCHWEIKER

No. C-82-5309 EFL.

559 F.Supp. 1371 (1983)

George BURBAGE, Plaintiff, v. Richard SCHWEIKER, Secretary of Health and Human Services, Defendant.

United States District Court, N.D. California.

March 31, 1983.

Attorney(s) appearing for the Case

Joseph P. Russoniello, U.S. Atty. by John F. Barg, Chief, Civil Div., and Michael J. Tonsing, Asst. U.S. Atty., San Francisco, Cal., for defendant.

Alan R. Bergman, San Francisco, Cal., for plaintiff.

LYNCH, District Judge.

Plaintiff in this action seeks judicial review of the denial of his claim for supplemental security income benefits under the Social Security Act, 42 U.S.C. § 423. Defendant Secretary of Health and Human Services has moved to dismiss for lack of subject matter jurisdiction. The Secretary contends that the district court lacks jurisdiction to review the denial of an award by an administrative law judge (ALJ) because the plaintiff failed...

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