Brooke v. Astrue

Filing 12

ORDER granting 7 defendant's motion to dismiss case. Signed on 3/18/13 by District Judge Greg Kays. (Francis, Alexandra) Modified on 3/18/2013 - mailed to plaintiff(Francis, Alexandra).

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
CENTRAL DIVISION
ROBERT CHARLES BROOKE,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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No. 12-04187-CV-C-DGK-SSA

ORDER DISMISSING CASE
Pending before the Court is Defendant Commissioner of Social Security Michael J.
Astrue’s motion to dismiss (Doc. 7) and Plaintiff Robert Brooke’s reply (Doc. 11). For the
following reasons, Defendant’s motion is granted.
Pursuant to 42 U.S.C. § 405(g):
Any individual, after any final decision of the Commissioner of Social
Security made after a hearing to which he was a party, irrespective of the
amount in controversy, may obtain a review of such decision by a civil action
commenced within sixty days after the mailing to him of notice of such
decision or within such further time as the Commissioner of Social Security
may allow.
On September 20, 2010, an Administrative Law Judge (“ALJ”) issued a decision
denying Plaintiff’s claim for benefits under Title XVI of the Social Security Act, 42 U.S.C.
§§ 1381 et seq. Plaintiff requested review of the ALJ’s decision by the Appeals Council, and
on February 17, 2012, the Appeals Council denied Plaintiff’s request for review, leaving the
Appeals Council’s decision as the final determination of the Commissioner subject to
review. 42 U.S.C. § 405(g). On that same date, the Appeals Council sent Plaintiff a letter

advising him of his right to commence a civil action by filing a complaint in the United
States District Court within sixty days from the date of receipt of the letter.
Plaintiff filed the instant action on July 16, 2012. Because Plaintiff did not file this
action within the sixty days allotted by statute and because there are no special
circumstances that justify equitable tolling, the Court dismisses this action.

Date: March 18, 2013

/s/ Greg Kay
GREG KAYS, JUDGE
UNITED STATES DISTRICT COURT