SUGUITAN v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION

Filing 30

MEMORANDUM OPINION accompanying final order issued separately this day. Signed by Judge Emmet G. Sullivan on 3/25/15.(ah)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
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JUANITA E. SUGUITAN,
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Plaintiff,
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v.
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Civil Action No. 12-1671 (EGS)
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COMMISSIONER OF
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SOCIAL SECURITY
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ADMINISTRATION,
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Defendants
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_________________________________
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MEMORANDUM OPINION
It is undisputed in this case brought under the Social Security Act that plaintiff did not
apply for the wife’s insurance benefits sought from the Complaint. See Def.’s Mot. for Judgment
of Dismissal [Dkt. # 24], Decl. of Patrick J. Herbst ¶ 9. The Social Security Act authorizes
judicial review of a “final decision of the Commissioner of Social Security made after a hearing
to which [the plaintiff] was a party[.]” 42 U.S.C. § 405(g). “The requirement that a plaintiff
must first present [her] claim to the agency is jurisdictional and cannot be waived[.]” Cost v.
Soc. Sec. Admin., 770 F. Supp. 2d 45, 48 (D.D.C.) aff'd, No. 11-5132, 2011 WL 6759544 (D.C.
Cir. Dec. 2, 2011) (citing Bowen v. City of New York, 476 U.S. 467, 483)) (other citation
omitted). Hence, the Court has no choice but to dismiss this case for want of subject matter
jurisdiction. A separate order accompanies this memorandum opinion.

DATE: March 25, 2015

SIGNED:
EMMET G. SULLIVAN
UNITED STATES DISTRICT JUDGE