Christopher Hulsey v. Frank Bisignano, Commissioner, Social Security Administration

Summary

This Magistrate Judge’s Report and Recommendation addresses a Social Security action seeking judicial review under 42 U.S.C. § 405(g). The court recommends granting the Commissioner’s motion to dismiss because the plaintiff filed suit before requesting review by the Appeals Council and therefore had not exhausted his administrative remedies. Dismissal is recommended without prejudice.

Holdings

1. A Social Security claimant may not obtain judicial review under § 405(g) absent a final administrative decision of the Commissioner, and an ALJ decision does not become final for purposes of judicial review when the claimant has not requested Appeals Council review.
2. The complaint should be dismissed without prejudice because the plaintiff failed to exhaust the administrative remedies necessary to obtain a final Social Security decision.

Questions Presented

1. Whether the court could review the ALJ's Social Security benefits decision under 42 U.S.C. § 405(g) when the plaintiff had not requested Appeals Council review.
2. Whether the Commissioner's motion to dismiss for failure to exhaust administrative remedies should be granted.

Disposition

other