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RODRIGUEZ FLORES v. APFEL

No. CIV. 94-1872(PG).

28 F.Supp.2d 67 (1998)

Olga RODRIGUEZ FLORES (581-30-2397), Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant.

United States District Court, D. Puerto Rico.

December 2, 1998.

Attorney(s) appearing for the Case

Octavio A. Díaz-Negrón, Ramón Gómez St. # C-1, Urb. Pereyó, Humacao, PR, for Plaintiff.

Lilliam Mendoza-Toro, Asst. U.S. Attorney, Hato Rey, PR, for Defendant.

OPINION & ORDER

PEREZ-GIMENEZ, District Judge.

Before this Court is defendant's motion to dismiss for lack of subject matter jurisdiction. (Dkt.# 8). The issue before the Court is whether the Appeals Council's dismissal of plaintiff's request for review as untimely constitutes final agency action subject to judicial review.

Factual Background

Plaintiff Olga Rodriguez Flores (hereinafter referred to as "Rodriguez") applied...

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