Patricia A. Jackson v. Michael J. Astrue

Patricia A. Jackson appeals the district court's dismissal of her challenge to
the administrative denial of her application for Supplemental Social Security
("SSI"), filed under Title XVI of the Social Security Act ("SSA"), 42 U.S.C. §
1383(c). The district court dismissed the complaint as untimely, because it was
not filed within the 60-day statute of limitations, enumerated in 42 U.S.C. §
405(g), for federal court review of SSI denials. On appeal, Jackson contends that
the district court erred in dismissing her complaint, because the doctrine of
equitable tolling applied to excuse her tardy filing. After thorough review, we
affirm the judgment of the district court.

I.

The facts relevant to our equitable tolling analysis are these. On August 31,
2004, Jackson sought SSI benefits for injuries she sustained in an automobile
accident earlier that month. On February 3, 2006, following a hearing, an
Administrative Law Judge ("ALJ") denied Jackson's petition on the ground that
her injuries did not qualify as "disabilities" under the SSA. On April 21, 2006, the
SSA's Appeals Council ("the Appeals Council") denied Jackson's request for
review. At this point, the ALJ's decision became final, subject to federal court
review under 42 U.S.C. §§ 405(g)1 and 1383(c)(3). In its letter,2 the Appeals Council unambiguously "advised Jackson to file her complaint in the United
States District Court for the judicial district in which she lives within sixty days
from the date of her receipt of the letter." Jackson v. Barnhart, Civil Action No.
2:06cv629-CSC (M.D. Ala. 2006). Additionally, the Appeals Council informed
Jackson that "[the Council] would assume that Jackson 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." Id. Thus, according to the terms of the April 21, 2006 letter, and
consistent with the 60-day statute of limitations, Jackson was required to file her
complaint in the United States District Court for the Middle District of Alabama
on or before June 26, 2006.

Instead, on June 20, 2006, Jackson filed a pro se complaint challenging the
Commissioner's denial of her SSI claim in the state circuit court of Montgomery
County, Alabama. Then, on July 13, 2006, that court dismissed Jackson's
complaint for lack of jurisdiction. Thereafter, on July 18, 2006, twenty-two days
after § 405(g)'s statute of limitations had expired, Jackson filed a complaint in the
United States District Court for the Middle District of Alabama.

Appellee, the Commissioner of Social Security ("the Commissioner"),
promptly moved to dismiss Jackson's petition under Rules 12(b)(1) and 12(b)(6)
of the Federal Rules of Civil Procedure, on the ground that the complaint was
untimely filed. On December 12, 2006, the district court granted the
Commissioner's motion to dismiss. This appeal followed.

* * *

For the full text of this opinion, go to: http://www.ca11.uscourts.gov/opinions/ops/200616459.pdf