Hayward v. Commissioner of Social Security
- Sarah Netburn
- 1:18-cv-10402-SN
- U.S. District Court · Southern District of New York
- 3
In Hayward v. Commissioner of Social Security, Judge Netburn denied Hayward’s request to extend the deadline for appealing.
John L. Hayward, whose request to extend the appeal deadline was denied, and the Commissioner of Social Security.
What happened
In Hayward v. Commissioner of Social Security, the court considered John L. Hayward’s letter asking to appeal an earlier judgment and extend the time to do so. The court had entered judgment for the Commissioner on March 17, 2021.
The court treated the letter as a request under the federal appellate rules for more time to file a notice of appeal. Because the case involved a federal agency, Hayward had 60 days to appeal and 30 additional days to request an extension. He filed his request on May 27, 2022—more than a year after judgment—so the court concluded it lacked authority to extend the deadline.
Judge Sarah Netburn denied the motion for an extension of time to file a notice of appeal. She also certified that an appeal from this order would not be taken in good faith and denied fee-free status for purposes of an appeal.
The detailed version
- Hayward v. Commissioner of Social Security · No. 1:18-cv-10402-SN
- Sarah Netburn
- June 2, 2022
Background
On March 16, 2021, the court granted the Commissioner’s motion for judgment on the pleadings, and judgment was entered on March 17, 2021. The Clerk’s Office mailed the order and judgment to John L. Hayward that same day.
On May 27, 2022, the court received Hayward’s letter requesting “an appeal and/or an extension” of his case. He referred to COVID-19, family deaths, declining health, and his efforts to pursue his Supplemental Security Income case. The court construed the letter as a motion for an extension of time to file a notice of appeal under Rule 4(a)(5) of the Federal Rules of Appellate Procedure.
Court’s analysis
When a civil case involves a federal agency, Rule 4(a)(1)(B)(ii) generally requires a notice of appeal to be filed within 60 days after entry of the judgment or order. The court calculated that Hayward’s deadline to file a timely notice of appeal was May 17, 2021. Under Rule 4(a)(5), a district court may grant a limited extension only if the request is filed no later than 30 days after the appeal deadline and the party shows excusable neglect or good cause. The deadline for requesting an extension was therefore June 16, 2021.
Hayward filed his request on May 27, 2022, more than one year after judgment and more than 90 days after judgment. Relying on the appellate rules and cited precedent, the court concluded that it did not have authority to extend the appeal deadline.
Disposition
The court denied Hayward’s motion for an extension of time to file a notice of appeal. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied fee-free status for purposes of an appeal. The order noted that Hayward may submit a new application for benefits to the Social Security Administration if his health status has changed.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.