Lloyd Harmon v. Commissioner of Social Security
- Analisa Torres
- 1:24-cv-09216
- U.S. District Court · Southern District of New York
- 1
In Lloyd Harmon v. Commissioner of Social Security, Judge Torres granted the Commissioner’s motion to dismiss the untimely complaint.
Lloyd Harmon’s federal court challenge to the denial of his Social Security Disability Insurance application was dismissed after the court granted the Commissioner’s motion based on untimeliness.
What happened
Lloyd Harmon v. Commissioner of Social Security concerns Harmon’s request for court review of the Commissioner’s decision denying his application for Social Security Disability Insurance.
The Commissioner moved to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6), arguing that it was filed too late. Harmon did not oppose the motion. Judge Katherine H. Parker recommended granting it, and no objections were filed.
Judge Analisa Torres found no clear error in the recommendation, adopted it in full, and granted the Commissioner’s motion to dismiss. The clerk was directed to close the case.
The detailed version
- Lloyd Harmon v. Commissioner of Social Security · No. 1:24-cv-09216
- Analisa Torres
- Nov. 25, 2025
Background
Lloyd Harmon sought judicial review under 42 U.S.C. § 405(g) of the Commissioner of Social Security’s decision denying his application for Social Security Disability Insurance.
Motion and Report
The Commissioner moved to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6), arguing that Harmon’s complaint was untimely. Harmon did not oppose the motion. The matter had been referred to Katherine H. Parker, who issued a report and recommendation advising that the motion be granted. The parties were notified of their right to object, but no objections were filed before the deadline.
Ruling
Because no objections were filed, Judge Analisa Torres reviewed the report and recommendation for clear error, meaning an obvious mistake in the recommended decision. She found no clear error, adopted the report and recommendation in its entirety, and granted the Commissioner’s motion to dismiss. The clerk was directed to terminate the motion and close the case. The opinion does not state that the dismissal was with or without prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.