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Zayid v. Commissioner of Social Security

United States District Court, N.D. Ohio, Eastern Division

December 20, 2019

TALIB ZAYID, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

          Kathleen B. Burke Magistrate Judge.

          MEMORANDUM OPINION

          DONALD C. NUGENT UNITED STATES DISTRICT JUDGE.

         This matter is before the Court on the Report and Recommendation of Magistrate Judge Kathleen B. Burke (Docket #17), recommending that the Commissioner of Social Security's Motion to Dismiss the Complaint filed by Plaintiff, Talib Zayid, alleging a violation of his procedural due process and equal protection rights and challenging the Commissioner's decision denying his application for Supplemental Security Income ("SSI"), be granted.

         Factual and Procedural Background

         As set forth by the Magistrate Judge, the factual and procedural history of this case is as follows:

         A. Zayid's disability application

Zayid filed an application for SSI in December 2012. Doc. 1-4 p. 4.1 After he received a final decision denying his claim, he appealed to federal court, which remanded the claim back to the agency for further proceedings in November 2016. Doc. 1, p. 2, ¶3.
On remand, the ALJ held a new hearing. Doc. 1, p. 2, ¶5. Shortly thereafter, a consultative examination was ordered and performed by Dorothy Bradford, M.D. Doc. 1, p. 2, ¶6; Doc. 1-3 (report). On February 16, 2018, the ALJ issued a decision denying Zayid's disability claim. Doc. 1, p. 2, ¶7; Doc. 1-4, pp. 4-19 (ALJ decision).
B. Regulations governing remanded cases
Because Zayid's case was one that the federal court had previously remanded, 20 C.F.R. § 416.1484, "Appeals Council review of administrative law judge decision in a case remanded by a Federal court," applies to his case. Section 416.1484 sets forth three possible paths for review of an ALJ's decision of a previously remanded case: (1) the claimant can directly appeal the ALJ's decision to federal court without Appeals Council review; (2) the claimant can file "exceptions" to the Appeals Council within 30 days; or (3) the Appeals Council can assume jurisdiction sua sponte within 60 days of the ALJ's decision. The ALJ's notice of decision, which was sent to Zayid, explained these options and the time frame for each. Doc. 1-4, pp. 1-2.
1. Zayid did not timely appeal to federal court
The ALJ's notice of decision explained that, under option (1), the ALJ's decision would become final on the 61st day after the date of the decision and that Zayid would have 60 days after that date to file a complaint in federal court. Doc. 1-4, p. 2. Because the ALJ's decision is dated February 16, 2018, it became final on April 18, 2018. Zayid had until 60 days after that, June 18, 2018, to file his complaint in federal court.
Zayid filed his Complaint in this Court on April 3, 2019, almost ...

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