Seward v. Commissioner of Social Security

Filing 22

ORDER granting 14 Motion to Dismiss. See attached Ruling and Order for details. Signed by Judge Robert N. Chatigny on 12/16/2016. (Rickevicius, L.) (Additional attachment(s) added on 12/19/2016: # 1 Replacement Ruling and Order) (Sundie, T).

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
Judy Diane Seward,
Plaintiff,
v.
Carolyn W. Colvin,
Commissioner of
Social Security,
Defendant.

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Case No. 3:16-cv-301 (RNC)

RULING AND ORDER
Plaintiff Judy Diane Seward brings this action seeking
judicial review of a final decision of the Commissioner of Social
Security regarding an application for supplemental security
income benefits (SSI) under Title XVI of the Social Security Act.
The Commissioner argues that the action should be dismissed
because plaintiff missed the 60-day deadline for seeking court
review and equitable tolling does not apply.

In addition, the

Commissioner argues that the decision in question is fully
favorable to the plaintiff and thus not subject to judicial
review.

I agree with the Commissioner and therefore grant the

motion to dismiss.
I.

Background
Plaintiff applied for SSI benefits on August 30, 2011,

alleging a disability onset date of November 1, 2004.

She had

previously filed applications in August 2005 under Titles II and

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