Travis v. Commissioner of Social Security

Background

Linda M. Travis brought this case against the Commissioner of Social Security. The Commissioner filed a motion to dismiss. The motion was referred to Magistrate Judge Barbara C. Moses, who issued a Report and Recommendation on January 22, 2024, recommending that the motion be granted.

Objections and Review

The Report and Recommendation gave the parties fourteen days to file objections and warned that failing to do so would waive the right to object. Travis filed no objections and did not request an extension. The court held that she therefore waived the right to object to the recommendation or obtain appellate review. Even so, the court reviewed the recommendation and found it well reasoned and supported by the facts and law.

Jurisdictional Ruling

The court concluded that Travis’s amended complaint had to be dismissed because the court lacked jurisdiction to review the agency decisions at issue. The opinion states that those decisions were not final decisions of the Commissioner made after a hearing to which Travis was a party, as required by the statutory provision it cited, 42 U.S.C. § 403(g). The court also found that allowing Travis to amend again would be futile because there was no jurisdictional basis for her claims.

Disposition

Judge Jesse M. Furman adopted the Report and Recommendation in its entirety. The amended complaint was dismissed, the case was closed, and the Clerk was directed to terminate the relevant docket entry and mail Travis a copy of the order. The court also certified that any appeal would not be taken in good faith and denied Travis permission to appeal without paying filing fees.

Classification

This is a procedural order because the court dismissed the case for lack of jurisdiction under a threshold ground without reaching the underlying merits of Travis’s challenge to the agency decisions.