Edna Carter v. Michael J. Astrue
Filing
PER CURIAM OPINION FILED - THE COURT: James B. Loken, Michael J. Melloy and Duane Benton (UNPUBLISHED) [4022563] [12-3605]
United States Court of Appeals
For the Eighth Circuit
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No. 12-3605
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Edna D. Carter
lllllllllllllllllllll Plaintiff - Appellant
v.
Michael J. Astrue, Commissioner of Social Security
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: April 5, 2013
Filed: April 8, 2013
[Unpublished]
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Before LOKEN, MELLOY, and BENTON, Circuit Judges.
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PER CURIAM.
Edna Carter appeals the district court’s1 dismissal of her social security
complaint as untimely. Carter filed her complaint in the district court on June 6,
1
The Honorable Carol E. Jackson, United States District Judge for the Eastern
District of Missouri.
Appellate Case: 12-3605
Page: 1
Date Filed: 04/08/2013 Entry ID: 4022563
2012, after the Social Security Administration Appeals Council denied review on
March 20, 2012, and notified Carter that she had sixty days to seek judicial review.
After de novo review, see Bess v. Barnhart, 337 F.3d 988, 989 (8th Cir. 2003) (per
curiam), we agree with the district court that the complaint was untimely under 42
U.S.C. § 405(g), and that Carter did not allege any circumstances warranting an
equitable tolling of the limitations period. Further, Carter did not counter the
Commissioner’s evidence showing that she never asked the Appeals Council for an
extension of time to file her complaint for judicial review. Accordingly, we affirm.
See 8th Cir. R. 47B.
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Appellate Case: 12-3605
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Date Filed: 04/08/2013 Entry ID: 4022563
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