Quillinan v. Commissioner of Social Security
Filing
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ORDER GRANTING DEFENDANT'S MOTION TO DISMISS 17 (Illston, Susan) (Filed on 6/12/2012) (Additional attachment(s) added on 6/12/2012: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California
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No. C 11-05136 SI
KEVIN QUILLINAN,
ORDER GRANTING DEFENDANT’S
MOTION TO DISMISS
Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY,
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Defendant.
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/
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Due to a debilitating injury to his lower leg, plaintiff Quillinan applied for Supplemental Security
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Income (“SSI”) benefits under Title XVI of the Social Security Act. Complaint, ¶¶ 1-2. On April 20,
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2010 an Administrative Law Judge determined plaintiff was eligible for SSI benefits. Docket No. 17,
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Decl. of Adam Terry at ¶ 4 (Terry Decl.). Plaintiff asserts that on or around June or July 2010, plaintiff
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received $2,000, a portion of his retroactive SSI benefit award.1 Complaint, ¶ 3. By letter dated August
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11, 2010, the Social Security Administration (“SSA”) issued plaintiff a notice that he was entitled to a
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total of $12,865.30 in retroactive SSI benefits. Terry Decl., Ex. B. The notice included SSA’s
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calculation of plaintiff’s eligible retroactive benefit payment by month. Id. at 1-2. The notice did not
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inform plaintiff of the required process that plaintiff must follow if plaintiff disagreed with SSA’s
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decision. Id. at 3. The header “IF YOU DISAGREE WITH THIS DECISION” is printed on the
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letter, but it lacks text describing the steps of the administrative appeal process.
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Plaintiff alleges that on August 15, 2010, he contacted SSA personnel to contest SSA’s
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calculation of his retroactive SSI benefit award. Complaint, ¶¶ 4-7. Plaintiff asserts that he spoke with
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Mrs. Nobuye of the Berkeley Social Security Office who assured plaintiff that SSA miscalculated the
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Defendant contends that plaintiff received $2,110.80 of past due SSI benefits on August 23,
2010. Terry Decl., Ex. B.
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retroactive award and that “ ‘an appeal won’t be necessary because we are taking care of the matter right
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now.’ ” Complaint, ¶ 6. In the months following, plaintiff spoke to and wrote SSA personnel several
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times to (1) seek payment of his remaining retroactive award and (2) challenge SSA’s decision to reduce
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plaintiff’s retroactive award because of in-kind loans that plaintiff received. Complaint, ¶¶ 4, 7,11.
On October 19, 2011, plaintiff filed this pro se action seeking an accounting and payment of his
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retroactive award. On February 2, 2012, SSA gave plaintiff $10,754.50, SSA’s calculation of plaintiff’s
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remaining retroactive award. Opp’n, Ex. 2; Terry Decl., Ex. B. On March 15, 2012, defendant filed a
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motion to dismiss for lack of subject matter jurisdiction for plaintiff’s failure to exhaust administrative
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remedies. The SSA argues that plaintiff failed to exhaust his administrative remedies because he did
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United States District Court
For the Northern District of California
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not appeal from the February 2, 2012 notice of final payment, and therefore SSA has not rendered a final
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decision. On April 13, 2012, plaintiff filed an opposition to the motion. Defendant filed a reply on
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April 19, 2012.
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The Court reviewed the record and taking as true plaintiff’s allegations, finds that SSA gave
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plaintiff inadequate and arguably incorrect information as to his right and need to appeal SSA’s
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determination of his retroactive benefits. However, the Court cannot review the merits of plaintiff’s
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claims until plaintiff pursues the administrative appeal process and SSA issues a final determination.
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Therefore, the Court GRANTS defendant’s MOTION TO DISMISS. Defendant shall allow
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plaintiff to exhaust the administrative appeal process, and plaintiff shall file, within 65 days from the
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date of this Order, an administrative appeal to SSA as to the determination of his retroactive benefits.
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This case is administratively closed. Plaintiff may move to reopen the case if, after exhausting his
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administrative remedies, he is not satisfied with SSA’s final determination of the amount of his
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retroactive benefits.
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IT IS SO ORDERED.
Dated: June 12, 2012
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SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE
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