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BRITTINGHAM v. SCHWEIKER

Civ. A. No. 82-4632.

558 F.Supp. 60 (1983)

Mae C. BRITTINGHAM v. Richard S. SCHWEIKER, Secretary of Health and Human Services.

United States District Court, E.D. Pennsylvania, Civil Division.

February 7, 1983.

Attorney(s) appearing for the Case

Community Legal Services, Inc., Jonathan M. Stein, Philadelphia, Pa., for plaintiff.

Dept. of Justice, Serena H. Dobson, Asst. U.S. Atty., Philadelphia, Pa., for defendant.

MEMORANDUM

NEWCOMER, District Judge.

Defendant moves to dismiss as untimely filed this action for judicial review of the dismissal by the defendant of plaintiff's request for Appeals Council review of the hearing decision on her claim for benefits under Title XVI of the Social Security Act ("Act"). Plaintiff opposes the motion to dismiss and instead moves the Court to remand the matter to the Secretary. For the reasons set forth below, defendant's motion...

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