Lewis v. Commissioner of Social Security
- John Cronan
- 1:22-cv-06024
- U.S. District Court · Southern District of New York
- 4
In Lewis v. Commissioner of Social Security, Judge Cronan dismissed the late Social Security appeal because Richard E. Lewis did not show grounds to extend the filing deadline.
Richard E. Lewis’s Social Security appeal was dismissed, ending his federal court action seeking review of the denial of Supplemental Security Income.
What happened
In Lewis v. Commissioner of Social Security, Richard E. Lewis asked the federal court to review the denial of his application for Supplemental Security Income. The Commissioner asked the court to dismiss the case because Lewis filed it too late.
The law required Lewis to file within 60 days after receiving the Social Security Administration’s final decision. Lewis’s complaint said he received the decision on May 3, 2022, but he filed the case on July 14, 2022—72 days later. He argued that mail problems at his building justified the delay, but he did not explain when the decision actually arrived or what steps he took to pursue his claim diligently.
Judge John P. Cronan adopted the magistrate judge’s recommendation in full and dismissed the action. The court found that Lewis had not shown the extraordinary circumstances and diligence required to extend the filing deadline, and it directed the Clerk of Court to close the case.
The detailed version
- Lewis v. Commissioner of Social Security · No. 1:22-cv-06024
- John Cronan
- Apr. 5, 2023
Background
Richard E. Lewis, representing himself, sought review under 42 U.S.C. § 405(g) of the Commissioner of Social Security’s final decision denying his application for Supplemental Security Income. The Commissioner moved to dismiss, arguing that Lewis did not start the action within the required time.
The Commissioner served Lewis with Magistrate Judge Sarah Netburn’s Report and Recommendation, which recommended granting the motion. Lewis filed a timely objection. The district court therefore reviewed the challenged portions of the recommendation independently and reviewed any unchallenged portions for clear error.
Filing deadline
A claimant generally must file a Social Security appeal within 60 days after receiving notice of the final decision. The court explained that receipt is presumed to occur within five days after the notice date, creating a 65-day period measured from the date of the notice. The deadline may be extended through equitable tolling, but that requires both extraordinary circumstances and diligent pursuit of the claimant’s rights.
The Appeals Council’s final determination was dated May 3,
- Lewis’s complaint attached that notice and alleged that he received it on May 3,
- He filed the complaint on July 14, 2022, 72 days after May
- The court also noted that Lewis had not opposed the motion to dismiss or previously provided a reason for extending the deadline despite having multiple opportunities to do so.
Objection and ruling
In his objection, Lewis stated that his building did not receive mail from January 2022 through February 2023 and that residents had to collect mail at the local post office, where mail was often late. The court found this insufficient to show extraordinary circumstances or diligence. Lewis did not claim that the particular final determination notice arrived late or that he was unable to go to the post office. Even assuming the notice arrived late, he did not state when he received it or describe steps showing that he pursued his claim diligently.
Judge John P. Cronan adopted the Report and Recommendation in its entirety. The court dismissed the action because Lewis filed after the statutory deadline and offered no basis for extending that deadline. The Clerk of Court was directed to close the motion docket entry and the case.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.