Johnston v. Social Security Administration , 221 F. Supp. 3d 18 ( 2016 )


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  •                              UNITED STATES DISTRICT COURT
    FOR THE DISTRICT OF COLUMBIA
    ___________________________________
    )
    DAMON M. JOHNSTON,                      )
    )
    Plaintiff,          )
    )
    v.                               )                   Civil Action No. 16-0796 (RC)
    )
    CAROLYN W. COLVIN,                      )
    Acting Commissioner of Social Security, )
    )
    Defendant.          )
    ___________________________________ )
    MEMORANDUM OPINION
    This matter is before the Court on Defendant’s Motion to Dismiss Plaintiff’s Complaint
    [ECF No. 5]. For the reasons discussed below, the Court will grant defendant’s motion and
    dismiss this civil action.
    I. BACKGROUND
    The plaintiff’s complaint is brief, and it reads:
    My name is Damon Johnston. I would like to appeal the case for
    my disability. I still can’t work & have Documents from both of my
    Doctors. I need to see a judge.
    Compl. at 1. The preceding events are summarized below:
    On August 31, 2011, the [plaintiff] previously filed a Title II
    application for a period of disability and disability insurance
    benefits. The [plaintiff] also protectively filed a Title XVI
    application for supplemental security income on August 31, 2011.
    In both applications, the [plaintiff] alleged disability beginning
    December 15, 2009. These claims were denied initially on August
    1
    23, 2012, and upon reconsideration on December 27, 2012.
    Thereafter, the [plaintiff] filed a written request for hearing on
    February 1, 2013 . . . . The [plaintiff] appeared and testified at a
    hearing held on May 2, 2014 [at which the plaintiff was represented
    by counsel.]
    Brief in Support of Def.’s Mot. to Dismiss Pl.’s Compl. [ECF No. 6] (“Def.’s Brief”), Decl. of
    Roxie Rasey Nicoll [ECF No. 6-1] (“Nicoll Decl.”), Ex. 1 (Decision) at 1.
    “On July 9, 2014 [the] Administrative Law Judge issued a decision denying the plaintiff’s
    claim for benefits under Title II and XVI [of the Social Security Act].” Nicoll Decl. ¶ 3(a). The
    Decision was mailed on that same date to the plaintiff, whose address at that time was 10804
    Slippery Elm Court, Clinton, MD 20735. Id.; see 
    id., Ex. 1
    (Notice of Decision – Unfavorable
    dated June 9, 2014). The notice informed the plaintiff of his right to appeal the decision in
    writing within 60 days of the date he received the notice. See 
    id. ¶ 3(a).
    “Thereafter, the plaintiff requested review of [the Administrative Law Judge’s decision,
    and on] November 13, 2015, the Appeals Council sent . . . notice of its action” to the plaintiff
    whose address at that time was 111 Rhode Island Avenue, N.E., Washington, DC 20002. 
    Id. The Appeals
    Council denied the plaintiff’s request for review, and informed the plaintiff of his
    “right to commence a civil action [in federal district court] within [60] days from the date of
    receipt” of its notice. 
    Id., Ex. 2
    (Notice of Appeals Council Action) at 2. According to the
    defendant’s declarant, the plaintiff did not request an extension of the 60-day period to file a civil
    action. See 
    id. ¶ 3(b).
    The plaintiff filed this civil action on March 14, 2016. 1
    1
    The Court treats the Complaint as if it had been filed on March 14, 2015, the date on which the Clerk of Court
    received it and the plaintiff’s application to proceed in forma pauperis.
    2
    II. DISCUSSION
    The defendant moves to dismiss the complaint as untimely filed. See generally Def.’s
    Brief at 2-4. She argues that the plaintiff should have commenced this civil action by January
    18, 2016, and he failed to do so. See 
    id. at 3.
    The plaintiff’s opposition does not address the
    defendant’s legal argument. Rather, the plaintiff merely asserts that he is “not able to work
    because of [his] Disability.” Pl.’s Opp’n [ECF No. 8] at 1. Among the plaintiff’s exhibits are
    copies of medical examination reports, which appear to have been prepared in connection with
    an application for benefits through the District of Columbia Department of Human Services’
    Income Maintenance Administration. See generally 
    id., Ex. (Medical
    Examination Reports
    dated May 2, 2016, July 13, 2015, December 15, 2014, November 4, 2014, and August 30,
    2013). “Any individual, after any final decision of the Commissioner of Social Security made
    after a hearing . . . may obtain a review of such decision by a civil action commenced within
    sixty days after the mailing to him of notice of such decision or within such further time as the
    Commissioner of Social Security may allow.” 42 U.S.C. § 405(g). “[T]he date of receipt of . . .
    notice of the decision by the Appeals Council shall be presumed to be 5 days after the date of
    such notice, unless there is a reasonable showing to the contrary.” 20 C.F.R. § 422.210(c). An
    individual may request and the Appeals Council may extend the time for filing a civil action
    “upon a showing of good cause.” 
    Id. The defendant’s
    declarant explains that, “if the Appeals Council denies a timely request
    for review of a hearing decision, that hearing decision becomes the ‘final decision’ within the
    meaning of, and subject to, the provisions for judicial review” set forth in 42 U.S.C. § 405(g).
    Nicoll Decl. ¶ 2. Therefore, in this case, the final decision at issue is the Appeals Council’s
    November 13, 2015 notice denying the plaintiff’s request for review of the Administrative Law
    3
    Judge’s decision. Absent any showing by the plaintiff that he did not receive the Appeals
    Council’s November 13, 2015 notice within five days, and absent any indication that the plaintiff
    sought or obtained an extension of time, see Nicoll Decl. ¶ 3(b), the plaintiff should have filed
    this civil action by January 19, 2016. 2 Instead, he filed this civil action on March 14, 2016,
    nearly two months after the filing deadline had passed.
    III. CONCLUSION
    The Court concludes that the plaintiff failed to file his civil complaint within 60 days of
    receipt of the Commissioner’s final decision. Defendant’s motion to dismiss will be granted, and
    an Order is issued separately.
    /s/
    DATE: December 21, 2016                                      RUDOLPH CONTRERAS
    United States District Judge
    2
    January 18, 2016 fell on Martin Luther King, Jr. Day, a federal holiday. The next business day was Tuesday,
    January 19, 2016.
    4
    

Document Info

Docket Number: Civil Action No. 2016-0796

Citation Numbers: 221 F. Supp. 3d 18, 2016 U.S. Dist. LEXIS 177057

Judges: Judge Rudolph Contreras

Filed Date: 12/22/2016

Precedential Status: Precedential

Modified Date: 11/7/2024