Travis v. Commissioner of Social Security

Background

Linda M. Travis filed an action under 42 U.S.C. § 405(g), which allows a claimant to seek federal-court review of a final decision by the Commissioner of Social Security made after a hearing. The opinion states that Travis was appearing without a lawyer. She attached Social Security Administration letters stating that her benefits would no longer be paid beginning in April 2022 and that her Medicare coverage had stopped because a premium was not paid within the required time. She alleged that she was denied benefits because she is a transgender woman and that the Social Security Administration did not respond to her appeal requests. She also attached a discrimination complaint filed with the agency.

Screening and jurisdiction

Because Travis had been allowed to proceed without prepaying filing fees, the court explained that it had to screen the complaint and dismiss claims that were legally insufficient or outside the court’s jurisdiction. Section 405(g) generally requires a claimant to obtain a final agency decision before seeking review in federal court. The opinion describes the administrative steps as receiving an initial determination, seeking reconsideration, requesting a hearing before an administrative law judge, and asking the Appeals Council to review the administrative law judge’s decision.

Travis left blank the complaint-form questions asking for the dates of the administrative law judge’s decision, the Appeals Council’s letter, and her receipt of that letter. The court found that her allegations suggested she might not have exhausted the administrative process or received a final decision. Although failure to exhaust can sometimes be excused, the court stated that Travis had not alleged specific facts supporting an excuse under the applicable standards. The court therefore concluded that the complaint could not proceed at that time because it did not show federal-court jurisdiction under Section 405(g).

Order

The court granted Travis leave to amend rather than dismissing the action at that time. The amended complaint must provide the date of the administrative law judge’s decision, the date of the Appeals Council letter, and the date Travis received that letter, and must attach a copy of the Appeals Council letter. If she did not exhaust her administrative remedies, she must provide facts explaining why that failure should be excused. The amended complaint will replace the original complaint rather than supplement it, so any claims or facts she wishes to maintain must be included again.

Travis must submit the amended complaint within 60 days, using the required form and identifying the case number. The court stated that if she does not comply and cannot show good cause, it will dismiss the action for failure to exhaust administrative remedies, without prejudice to filing a new action after exhaustion. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.