Holt-Fletes v. Commissioner of Social Security
Filing
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ORDER Denying 10 Defendant's Motion to Dismiss. Signed by Magistrate Judge Mary K. Dimke. (PL, Case Administrator)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF WASHINGTON
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LAURA K. HOLT-FLETES,
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Plaintiff,
vs.
COMMISSIONER OF SOCIAL
SECURITY,
No. 2:17-cv-00295-MKD
ORDER DENYING
DEFENDANT’S MOTION TO
DISMISS
ECF NO. 10
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Defendant.
BEFORE THE COURT is Defendant’s Motion to Dismiss (ECF No. 10)
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filed October 27, 2017 asking the Court to dismiss the Complaint for lack of
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jurisdiction. Plaintiff subsequently filed the Amended Civil Complaint. ECF No.
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11. After review of the Motion, the court expedites the hearing without further
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response. Local Rule 7.1(h). Attorney Cathy Helman represents Plaintiff; Special
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United States Assistant Attorney Joseph Langkamer represents Defendant. The
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parties have consented to proceed before a magistrate judge. ECF No. 8. The
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Court has reviewed the record herein and is fully informed.
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Federal Rule of Civil Procedure 8 requires that complaints consist of “(1) a
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short and plain statement of the ground for the court’s jurisdiction…(2) a short and
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plain statement of the claim showing that the pleader is entitled to relief; and (3) a
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demand for the relief sought…” Fed.R.Civ.P. 8(a). In this case, this Court only
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has jurisdiction to review the Commissioner’s “final decision.” 42 U.S.C. §
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405(g). The administrative law judge’s decision becomes the final decision of the
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Commissioner when the Appeals Council denies review. See Sam v. Astrue, 550
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F.3d 808, 810 (9th Cir. 2008).
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Defendant’s Motion contends the allegations in Plaintiff’s original
Complaint, ECF No. 4, are insufficient to confer subject matter jurisdiction
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because it seeks review of the Appeals Council’s decision denying Plaintiff’s
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request for review. ECF No. 10. The Complaint did not specifically describe the
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action taken by the Appeals Council, however, to the extent it was a denial of
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review, this type of action is not a “final decision” and therefore not subject to
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judicial review. See Brewes v. Comm’r of Soc. Sec. Admin., 682 F.3d 1157 (9th
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Cir. 2012) (“[W]e do not have jurisdiction to review a decision of the Appeals
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Council denying a request for review of an ALJ’s decision, because the Appeal
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Council decision is a non-final agency action.”).
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Plaintiff’s Amended Complaint corrects the deficiency by amending the
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pleading to ask the court to “review the final decision of the Commissioner” and
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set aside “the decision of the Commissioner…” ECF No. 11 at 2. However,
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Plaintiff persists in characterizing the Appeals Council’s order as “the Final Order”
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which in this court’s experience reviewing social security records, has no legal or
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factual basis. See Moore v. Astrue, EDWA Cause No. 2:11-cv-00268-CI, 2013
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WL 53721, at *3 (E.D.Wash. Jan. 3, 2013) (unpublished) (concluding “Plaintiff’s
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characterization of the Appeals council’s action…as a ‘Final Order’ is without
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factual or legal basis.”). The next sentence of the Amended Complaint vaguely
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refers to “[s]aid final decision” without identifying it. ECF No. 11 at 1.
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Plaintiff’s counsel has filed a number of cases in this District utilizing a
pleading similar to the original Complaint, which Defendant has answered without
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contesting jurisdiction. It is reasonable to infer that Plaintiff is seeking judicial
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review of the denial of an application for Social Security benefits. Nonetheless,
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social security appellants are not exempt from the rules of civil pleading in federal
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court, which are not onerous. Plaintiff could further improve the pleading to
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ensure it contains both a short and plain statement meeting the requirements of
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Rule 8. The Court, however, concludes the Plaintiff’s allegations in the Amended
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Complaint, are an adequate statement of the grounds for the court’s jurisdiction
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and will not require further amendment at this time.
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ACCORDINGLY, IT IS HEREBY ORDERED:
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1. Defendant’s Motion to Dismiss (ECF No. 10) is DENIED.
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2. Defendant shall file its response to the Amended Complaint and the
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administrative transcript by not later than November 6, 2017.
The District Court Executive is directed to enter this Order and forward
copies to counsel.
DATED October 27, 2017.
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s/Mary K. Dimke
MARY K. DIMKE
UNITED STATES MAGISTRATE JUDGE
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