Jordan Scott Montgomery v. Michelle King, Acting Commissioner of Social Security

Summary

The United States District Court for the Western District of Wisconsin grants the Commissioner of Social Security’s motion to dismiss or, alternatively, for summary judgment. The court holds that the plaintiff’s action seeking review under 42 U.S.C. § 405(g) was filed one day beyond the applicable deadline and that his pro se status and miscalculation of the limitations period did not warrant equitable tolling.

Holdings

1. Montgomery's civil action was untimely because it was filed one day after the applicable filing deadline.
2. Montgomery was not entitled to equitable tolling because he did not show that he pursued his rights diligently or that an extraordinary circumstance prevented timely filing. His pro se status, alleged miscalculation, and one-day delay were insufficient.

Questions Presented

1. Whether Montgomery's action under 42 U.S.C. § 405(g) was timely filed.
2. Whether equitable tolling excused Montgomery's one-day filing delay based on his pro se status, alleged miscalculation, or the short length of the delay.
3. Whether the Commissioner was entitled to summary judgment.

Disposition

other