Martin v. Berryhill

Background

Pro se plaintiff Kevin Martin brought this action under the Social Security Act, 42 U.S.C. § 405(g), seeking review of the Commissioner of Social Security’s decision to lower his Supplemental Security Income. The Commissioner moved to dismiss under Federal Rule of Civil Procedure 12(b)(1), arguing that Martin had not obtained a final agency decision.

Magistrate Judge Ona T. Wang recommended granting the motion. Martin objected, repeating arguments from his opposition to the motion. Judge Daniels reviewed the portions of the recommendation for clear error and found none.

Failure to Obtain a Final Agency Decision

The court explained that the Social Security regulations generally require four steps for a final determination: an initial determination, a request for reconsideration, a decision by an administrative law judge after a hearing, and a request for review by the agency’s Appeals Council. The court found that Martin had received only an initial determination. He had not pleaded that an administrative law judge had issued a decision or that the Appeals Council had reviewed his claim.

The court also stated that no exception to the final-decision requirement applied. It concluded that Martin had not met the requirement for bringing this claim under the Social Security Act.

Rule Applied and Disposition

Although the magistrate judge’s recommendation relied on Rule 12(b)(1), Judge Daniels held that the dismissal should be under Rule 12(b)(6). Rule 12(b)(6) permits dismissal when a complaint does not state a legally sufficient claim. The court relied on Second Circuit precedent holding that failure to obtain a final agency decision is a waivable, non-jurisdictional requirement under 42 U.S.C. § 405(g), so it is addressed under Rule 12(b)(6), not Rule 12(b)(1).

The court adopted the recommendation to the extent it dismissed the complaint, granted the Commissioner’s motion to dismiss, specified that the complaint was dismissed under Rule 12(b)(6) rather than Rule 12(b)(1), terminated the motion, and directed the Clerk of Court to close the case.