Spengler v. Colvin

Filing 9

MEMORANDUM (Order to follow as separate docket entry).Signed by Honorable Yvette Kane on 6/29/15. (sc)

UNITED STATES DISTRICT COURT
FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
ANGELA M. SPENGLER,
Plaintiff
vs.
CAROLYN W. COLVIN, ACTING
COMMISSIONER OF SOCIAL
SECURITY,
Defendant

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No. 1:14-CV-02241
(Judge Kane)

MEMORANDUM AND ORDER
The above-captioned action is an appeal pursuant to 42
U.S.C. § 405(g) of a decision of the Commissioner of the Social
Security Administration denying Plaintiff Angela M. Spengler
social security disability insurance and supplemental security
income benefits.

Spengler is represented by counsel.

Under 42 U.S.C. § 405(g) and relevant case law, the
court is generally limited to reviewing the administrative record
to determine whether the decision is supported by substantial
evidence.

Chapter 20 of the Local Rules for the Middle District

of Pennsylvania establishes the procedural mechanism for deciding
challenges to the denial of social security disability and
supplemental security income benefits.
On November 23, 2014, an order was issued which, inter
alia, directed the Commissioner to file an answer within 60 days
of being served with the complaint.

On February 25, 2015, the

Commissioner appropriately filed a motion to dismiss the complaint

and a brief in support thereof in lieu of the answer and the
transcript.

In the motion the Commissioner requests that

Spengler’s complaint be dismissed because it was untimely filed.
Although Spengler’s brief in opposition was due on March 16, 2015,
which gave Spengler three extra days for mailing, she has neither
filed a brief nor requested an extension of time within which to
do so.
The Social Security Act requires that an applicant for
social security disability benefits who is denied such benefits
file a civil action with the appropriate federal district court
within sixty days after the mailing to the applicant a notice of
the final decision of the Commissioner. 42 U.S.C. § 405(g).
According to the Commissioner’s regulations, an applicant for
disability benefits may obtain review of the final decision of the
Commissioner in federal court so long as a civil action is
instituted within 60 days after receipt of the Appeals Council’s
notice of denial of a request for review.
(a), (c) (2009).

20 C.F.R. § 422.210

The date of receipt of the notice of denial of a

request for review by the Appeals Council is considered to be 5
days after the date of such notice, unless there is a reasonable
showing to the contrary.

20 C.F.R. § 422.210(c).

The facts with respect to the present motion are
undisputed.

The final decision of the Commissioner was issued on

September 16, 2014, and on that date a copy of the decision was
mailed to Spengler at her address of record, 43 N. Railroad
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Street, 1st Fl., Palmyra, Pennsylvania 17078-1717.

Consequently,

it was presumed that Spengler received the notice by September 21,
2014.

Based on that date, Spengler had until November 20, 2014,

to file a civil action in federal court.

Spengler, however, did

not file her complaint until November 23, 2014, 3 days after the
deadline.
There is a procedure under the Social Security
regulations for obtaining for good cause an extension of time of
the 60-day limitation period by applying to the Appeals Council
for such an extension.

20 C.F.R. § 422.210(c).

There is no

indication that Spengler took advantage of that procedure.
Because it is the Appeals Council which has the
authority to equitably toll the limitation period for good cause,
it is doubtful that we have any authority in the first instance to
do so, i.e., the Appeals Council should be given the first
opportunity to address the issue.

In any event, in light of the

circumstances presented, we do not see any basis for equitable
tolling by us.

Spengler has not contested the fact that her

complaint was untimely filed. Consequently, we will dismiss
Spengler’s complaint without prejudice to any right she may have

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to seek an extension of time from the Appeals Council.
An appropriate order follows.
S/ Yvette Kane
Yvette Kane
United States District Judge
Date: June 29, 2015

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