United States District Court, S.D. Ohio, Eastern Division
A. SARGUS, CHIEF JUDGE
REPORT AND RECOMMENDATION
KIMBERLY A. JOLSON, UNITED STATES MAGISTRATE JUDGE
matter is before the Court on the Commissioner's Motion
to Dismiss (Doc. 11). For the following reasons, the Court
RECOMMENDS GRANTING the Motion and DISMISSING this case with
seeks judicial review of the final decision of the
Commissioner of Social Security denying his application for
disability benefits. (Doc. 3). The Commissioner has moved to
dismiss Plaintiff's Complaint as time-barred. (Doc. 11).
The Commissioner served her Motion on Plaintiff at the
address he provided in his Complaint. (Doc. 11 at 6; see
also Doc. 1-1). Plaintiff did not respond to the
Commissioner's Motion. Although the Commissioner attached
an affidavit to her Motion, the Court does not rely on it to
reach its decision.
of his Complaint, Plaintiff included the Notice of Appeals
Council Action (the “Notice”) that he received.
(Doc. 3-1 at 3-7). The Notice was dated December 14, 2016,
File a Civil Action
• You have 60 days to file a civil action (ask for court
• The 60 days start the day after you receive this
letter. We assume you received this Letter 5 days after the
date on it unless you show us that you did not receive it
within the 5-day period.
• If you cannot file for court review within 60 days,
you may ask the Appeals Council to extend your time to file.
You must have a good reason for waiting more than 60 days to
ask for court review. You must make the request in writing
and give your reason(s) in the request.
• You must mail your request for more time to the
Appeals Council at the address shown at the top of this
notice. Please put the Social Security number(s) also shown
at the top of this notice on your request. We will send you a
letter telling you whether your request for more time has
(Id. at 5).
has not alleged in his Complaint or otherwise informed the
Court that he requested additional time from the Appeals
Council or that he received the Notice more than five days
after December 14, 2016.