Winnie Mae Knuckles v. Caspar Weinberger, Secretary of Health, Education and Welfare
Opinion
Opinion
ORDER
There are two matters before this panel as of the hearing date, (1) the motion of the appellee to dismiss the appeal as moot (filed on November 27, 1974); and (2) the appeal on the merits from the trial court’s dismissal of plaintiffs’ cause of action based on lack of jurisdiction.
As to the Motion to Dismiss, it is based upon the Social Security Administration decision (made subsequent to the district court’s decision below), that it should and did sustain the claims of Mrs. Knuckles and Mrs. Johnson and restored them to full benefit status before the briefs were filed on this appeal.
However, after a hearing, Mrs. As-bury’s claim has been denied, as shown by the documents filed December 5, 1974, in support of said motion filed November 27, 1974.
Such documents also show that Mrs. Asbury’s case before the Administration is not final, and was not on December 13, 1974 (the hearing date), because she has until 60 days after October 17, 1974, to request the Appeals Council of the Administration to review it.
For this reason, we decline to grant or approve the motion to dismiss as to appellant Asbury.
Nor do we hold the issue is moot as to any appellant.