Chidi A. v. Bisignano
- Shannon Elkins
- 0:25-cv-02575
- U.S. District Court · District of Minnesota
- 5
In Chidi A. v. Bisignano, Judge Elkins granted dismissal because Chidi A. filed his Social Security appeal more than 60 days late.
Chidi A.’s federal challenge to the Social Security retirement-benefit determinations was dismissed as untimely; the order did not decide the amount or effective date of his benefits.
What happened
Chidi A. v. Bisignano concerned Chidi A.’s challenge to Social Security retirement-benefit decisions, including the amount and effective date of his benefits. The Commissioner argued that Chidi A. filed the federal case too late.
The court explained that a Social Security appeal generally must be filed within 60 days after notice of the Appeals Council’s decision. Chidi A. filed an earlier case within that period, but the court dismissed that case after he did not file a required brief. He then filed this case after the 60-day period had passed.
Judge Shannon G. Elkins granted the Commissioner’s motion to dismiss and dismissed the complaint because it was untimely. The order did not decide whether Chidi A. was entitled to a different benefit amount or effective date.
The detailed version
- Chidi A. v. Bisignano · No. 0:25-cv-02575
- Shannon G. Elkins
- May 22, 2026
Background
Chidi A. challenged several Social Security retirement-benefit determinations. The Social Security Administration denied his September 2019 application on November 30, 2019. After he filed another application in April 2022, the agency awarded him benefits beginning in October 2021. Following his request for reconsideration, the agency corrected his record in May 2023 and awarded benefits beginning in September 2019, but at a monthly amount lower than the amount stated in the 2022 award.
An administrative law judge held a telephone hearing on March 14, 2024, and issued a decision on April 15, 2024. The judge determined that Chidi A.’s benefits had been paid effective September 2019. The Appeals Council denied review on August 14, 2024.
Chidi A. filed an earlier federal action challenging the same determinations on October 1, 2024. In that earlier round of the case, the court ordered him to file a supporting brief and warned that failure to do so could lead to dismissal. He did not file the brief, and the court dismissed that action without prejudice for failure to prosecute on May 21, 2025. He did not appeal that dismissal. Chidi A. filed this action on June 18, 2025.
Legal Standard
Under 42 U.S.C. § 405(g), a person seeking judicial review of a final Social Security decision generally must file a civil action within 60 days after receiving notice of the Appeals Council’s decision, unless the Commissioner allows more time. The court stated that these requirements are strictly applied because they affect the government’s waiver of sovereign immunity. A claimant may request an extension by explaining why the filing was late and showing good cause.
Court’s Analysis
The court concluded that this action was filed more than 60 days after the Appeals Council denied review. Chidi A. filed the earlier action 48 days after the Appeals Council’s decision, but that action was later dismissed for failure to prosecute. He filed this action 28 days after that dismissal. The court noted that Chidi A. had not argued that the earlier action paused or extended the filing deadline. It further concluded that, even if the earlier action had paused the deadline, this action was still filed more than 60 days after the Appeals Council’s decision.
Because the complaint did not satisfy § 405’s filing deadline, the court held that it had no choice but to dismiss it. The court did not reach the merits of Chidi A.’s challenge to his retirement-benefit amount or effective date.
Disposition
The Commissioner’s motion to dismiss was granted, and the complaint was dismissed. The order did not state that this dismissal was with or without prejudice.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.