Smyser v. Commissioner of Social Security Administration

Filing 21

ORDER - The decision of the ALJ is AFFIRMED. The Clerk of Court is directed to enter judgment accordingly. See document for complete details. Signed by Chief Judge G Murray Snow on 5/13/2019. (RMV)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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James Allen Smyser,

No. CV-18-01165-PHX-GMS

Plaintiff,

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v.

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Commissioner
Administration,

ORDER

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of

Social

Security

Defendant.

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Pending before the Court is the appeal of Plaintiff James Allen Smyser, which

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challenges the Social Security Administration’s decision to not reopen a previous

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determination. Because the Court lacks jurisdiction to review this determination, the

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appeal will be dismissed.

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BACKGROUND

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In February 1994, an application for Title XVI social security income benefits and

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an application for Title II child disability benefits was filed on behalf of Plaintiff Smyser.

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(Tr. at 12). He was awarded social security income benefits but was denied childhood

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disability benefits. Plaintiff was denied childhood disability benefits initially and upon

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reconsideration. A hearing request was filed in March 1995, but an Administrative Law

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Judge (“ALJ”) dismissed the request in April 1996.

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In May 2013, Plaintiff filed a new application for childhood disability benefits,

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alleging a disability onset date of June 1978. (Tr. at 21). Plaintiff’s claim was denied both

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initially and upon reconsideration. (Tr. at 53; Tr. at 54–55). Plaintiff then appealed to an

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ALJ. (Tr. at 59). The ALJ conducted a hearing on the matter in January 2014, and

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subsequently issued a decision denying benefits due to res judicata. (Tr. at 32–36).

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Plaintiff then appealed his decision to the Appeals Council, which remanded, finding that

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res judicata did not apply in these circumstances because the previous Title II folder could

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not be found. (Tr. at 41–44). Then, the ALJ held a new hearing and subsequently issued

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a decision finding the Plaintiff disabled with an onset date of June 1978. (Tr. 14–19).

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Plaintiff then requested that the ALJ reopen the 1994 case, but the ALJ declined, explaining

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her reasoning in a letter to him. (Tr. at 526–27). The ALJ explained that she could not

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reopen his 1994 case under the existing regulations. (Id.). Smyser appealed. The Appeals

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Council found that reopening of the 1994 application was not warranted, because

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regulations prevented reopening after four years, and good cause for reopening did not

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exist. (Tr. at 12).

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I.

Legal Standard

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The Court reviews the Commissioner’s final decision to ensure that the findings are

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supported by substantial evidence, and that the decision is free of harmful legal error. See

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42 U.S.C. § 405(g).

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II.

Analysis

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Plaintiff argues that the ALJ violated his due process rights by failing to reopen the

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1994 determination of the Commissioner. But because Smyser fails to allege a colorable

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constitutional claim, the Court must dismiss this appeal.

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A.

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The Social Security Act limits the judicial review of the Commissioner’s decisions

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to “any final decision . . . made after a hearing.” 42 U.S.C. § 405(g). A decision not to

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reopen a prior benefits determination is discretionary and does not ordinarily qualify as a

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final decision. See Califano v. Sanders, 430 U.S. 99, 107–09 (1977). Yet the Ninth Circuit

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has held courts may nonetheless exercise jurisdiction where a claimant has alleged “any

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colorable constitutional claim of due process violation that implicates a due process right

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either to a meaningful opportunity to be heard or to seek reconsideration of an adverse

Jurisdiction

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benefits determination.” Evans v. Chater, 110 F.3d 1480, 1483 (9th Cir. 1997) (citations

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omitted). A challenge that is not “wholly insubstantial, immaterial, or frivolous” raises a

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colorable constitutional claim. Boettcher v. Sec'y of Health & Human Serv., 759 F.2d 719,

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722 (9th Cir. 1985). To properly raise a colorable procedural due process claim, a plaintiff

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must allege facts that would indicate that “he suffered from a mental impairment and was

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not represented by counsel at the time of the denial of benefits.” Udd v. Massanari, 245

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F.3d 1096, 1099 (9th Cir. 2001).

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Smyser fails to allege a colorable constitutional claim here. Instead of claiming that

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he failed to understand the 1994 denial of his claim for child disability benefits due to a

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mental impairment or lack of counsel, Smyser instead alleges that he was entirely unaware

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of the 1994 claim, and that there was no evidence that the Commissioner provided notice

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of its denial. (Doc. 16 at 13). There is no evidence in the record that shows Smyser suffered

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from mental impairments. (See Tr. at 313, 317, 321, 344, 348, 357, 407) (noting normal

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mental status). Smyser explains that his parents handled his affairs for him at the time, and

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that he did not know that part of his disability benefits application had been denied. While

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an inability to handle one’s affairs due to a physical impairment may be relevant in

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determining good cause under the Social Security Administration’s regulations, it is

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insufficient to support a constitutional violation. See SSR 91–5p (noting that good cause

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may be established where “any . . . physical condition . . . limits the claimant’s ability to

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do things for him/herself.”). And while the records from his original application no longer

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exist, notice of the denial may be inferred from the fact that someone requested a hearing

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to appeal the Social Security Administration’s denial. That notice satisfies due process in

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this context.

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Smyser additionally cites cases from outside of this circuit that are inapplicable to

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the facts of this case. (Doc. at 16 at 12) (citing Triggs v. Chater, 927 F. Supp. 1394 (D.

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Colo. 1997); Culbertson v. Secretary of Health and Human Services, 859 F.2d 319, 322

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(4th Cir. 1988)). Triggs and Culbertson hold that a claimant may not be bound by a

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previous decision of the Commissioner if the claimant did not participate in that earlier

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decision. Triggs, 927 F. Supp. at 1395 (citing Culbertson, 859 F.2d at 323). They do not

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hold that the Commissioner must extend the benefits awarded back to the original

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application date, as Plaintiff argues here. Here, the Appeals Council allowed Smyser to

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file a new application for child disability benefits claim here despite the fact that his near

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identical claim was denied in 1994. That alone satisfies the due process requirements as

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articulated by Triggs and Culbertson.

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CONCLUSION

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Because Smyser does not allege a colorable constitutional claim, this Court lacks

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jurisdiction to review his request to reopen a prior decision of the Social Security

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Administration.
IT IS THEREFORE ORDERED that the decision of the ALJ is AFFIRMED.
The Clerk of Court is directed to enter judgment accordingly.
Dated this 13th day of May, 2019.

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