CRUMBLE v. SECRETARY OF HEALTH & HUMAN SERV.

No. 83 Civ. 0113.

586 F.Supp. 57 (1984)

Jeffrey CRUMBLE, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

United States District Court, E.D. New York.

As Amended May 24, 1984.


Attorney(s) appearing for the Case

Jeffrey Crumble, pro se, and Veronica Chan Yuen, Flushing, N.Y., for plaintiff.

Asst. U.S. Atty. Thomas B. Roberts, E.D. N.Y., Brooklyn, N.Y., for defendant.


MEMORANDUM AND ORDER

GLASSER, District Judge:

Defendant has moved to dismiss this action—an appeal from the termination of disability benefits — for lack of subject matter jurisdiction under Rule 12(b)(1) of the Federal Rules of Civil Procedure (FRCP). Specifically, defendant argues that since plaintiff never received a hearing before an Administrative Law Judge (ALJ), he cannot appeal to this Court for relief. For the reasons set forth herein...

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