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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,
COMMISSIONER OF SOCIAL SECURITY, Defendant.
Kathleen B. Burke Magistrate Judge.
C. NUGENT UNITED STATES DISTRICT JUDGE.
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.
and Procedural Background
forth by the Magistrate Judge, the factual and procedural
history of this case is as follows:
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,
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