Hall v. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE
Decision Date | 16 March 1960 |
Docket Number | Civ. A. 12418. |
Citation | 199 F. Supp. 833 |
Parties | George R. HALL, Plaintiff, v. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE of the United States Government, Defendant. |
Court | U.S. District Court — Southern District of Texas |
Musick, Musick & Heath, Ted Musick, Houston, Tex., for plaintiff.
William B. Butler, U. S. Atty., Randolph F. Wheless, Jr., Houston, Tex., for defendant.
On the 26th day of November, 1958, plaintiff attempted to bring this suit by filing same against the Department of Health, Education, and Welfare for an award of Social Security benefits which plaintiff alleges was improperly denied by a prior administrative ruling of the department.
The defendant has moved to dismiss this action for the reasons that it claims there is no jurisdiction over the subject matter of the action or person of the defendant because the suit is against the sovereign where there is no waiver of immunity.
On August 15, 1959, the plaintiff moved for leave to amend his pleadings to bring in the Secretary of the Department of Health, Education and Welfare should it be found that the Secretary is an indispensable party to this action.
Judicial review of the final administrative determinations of claims for old age benefits under 42 U.S.C.A. § 401 et seq. (Federal Old Age, Survivors, and Disability Insurance Benefits) is provided in 42 U.S.C.A. § 405(g) and (h). The pertinent parts read as follows:
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28 APPENDIX U.S.C. § 15 Amended and Supplemental Pleadings
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