05990918_r
05-08-2001
Edward A. Windfelder, Jr., Complainant, v. William A. Halter, Acting Commissioner, Social Security Administration, Agency.
Edward A. Windfelder, Jr. v. Social Security Administration
05990918
May 8, 2001
.
Edward A. Windfelder, Jr.,
Complainant,
v.
William A. Halter,
Acting Commissioner,
Social Security Administration,
Agency.
Request No. 05990918
Appeal No. 01982260
Agency No. 97-0378-SSA
DISMISSAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Edward
A. Windfelder, Jr. v. Social Security Administration, EEOC Appeal
No. 01982260 (June 10, 1999). By regulation, requests for reconsideration
must be filed within 30 calendar days after the party receives our
previous decision. 29 C.F.R. �1614.405(b). A document is timely if
it is received or postmarked before the expiration of the applicable
filing period, or, in the absence of a legible postmark, is received by
mail within five days of the expiration of the applicable filing period.
29 C.F.R. �1614.604(b).
The previous decision was received by complainant on June 17, 1999. The
decision informed the complainant of his right to request reconsideration,
the regulatory time limit to do so, and the EEOC address where the
request should be sent. Complainant's request for reconsideration was
filed on July 22, 1999, after the 30 calendar day limitation period.
Complainant has not submitted adequate argument or evidence to justify
his delay.
Accordingly, complainant's request for reconsideration is untimely and
is DISMISSED. The Commission's decision in EEOC Appeal No. 01982260
remains the Commission's final decision in this matter. There is no
further right of administrative appeal on the decision of the Commission
on this request for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
This decision of the Commission is final, and there is no further right
of administrative appeal from the Commission's decision. You have the
right to file a civil action in an appropriate United States District
Court within ninety (90) calendar days from the date that you receive
this decision. If you file a civil action, you must name as the defendant
in the complaint the person who is the official agency head or department
head, identifying that person by his or her full name and official title.
Failure to do so may result in the dismissal of your case in court.
"Agency" or "department" means the national organization, and not the
local office, facility or department in which you work.
RIGHT TO REQUEST COUNSEL (Z1199)
If you decide to file a civil action, and if you do not have or cannot
afford the services of an attorney, you may request that the Court appoint
an attorney to represent you and that the Court permit you to file the
action without payment of fees, costs, or other security. See Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.;
the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c).
The grant or denial of the request is within the sole discretion of
the Court. Filing a request for an attorney does not extend your time
in which to file a civil action. Both the request and the civil action
must be filed within the time limits as stated in the paragraph above
("Right to File A Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
May 8, 2001
__________________
Date