Opinion
Civil Action No. 07-cv-1262-AP.
September 21, 2007
ORDER
The defendant's Motion to Dismiss (doc. #7), filed August 27, 2007, is DENIED. The plaintiff shall have 20 days to amend his complaint. The defendant shall file an answer to the amended complaint and may raise such defenses as defendant deems appropriate including matters raised in the instant motion to dismiss. Once the amended complaint and answer are filed, the administrative record shall be tendered and the appeal will be decided on the briefs to be scheduled in accordance with the standard practice for social security appeals. Whether this court has subject matter jurisdiction will be determined upon full review of the administrative record and the briefs.