01a61843_r
05-24-2006
Mary Norwood v. Social Security Administration
01A61843
May 24, 2006
.
Mary Norwood,
Complainant,
v.
Jo Anne B. Barnhart,
Commissioner,
Social Security Administration,
Agency.
Appeal No. 01A61843
Agency No. 04-0146-SSA
Hearing No. 370-2005-0149X
DISMISSAL OF APPEAL
Complainant filed an appeal with this Commission from the agency's final
order concerning her complaint of unlawful employment discrimination. EEOC
Regulation 29 C.F.R. � 1614.402 provides that appeals to the Commission
must be filed within 30 calendar days after a complainant receives notice
of the agency's final order. Complainant admits on appeal that she
received the agency's July 6, 2005 final order on November 14, 2005, after
she inquired about the status of her complaint at the agency. However,
complainant did not file her appeal to the Commission until January
5, 2006, which was beyond the thirty (30) day time limit. Although
complainant claims that her untimely appeal was due to her untimely
receipt of the final order, she provides no adequate justification as to
why she did not file an appeal to the Commission in a timely manner after
that delayed receipt. It appears that complainant initially attempted to
file an appeal to the agency, not to the Commission, after her November
14, 2005 receipt. However, the record reveals that the agency's final
order explicitly informed complainant of the time limits on her right
to appeal, including the Commission's mailing address. In response
to complainant's appeal, the agency states that it sent, via certified
mail, its final order to complainant's mailing address on July 9, 2005,
but it came back as unclaimed in August, 2005. Based on the foregoing,
the appeal is hereby DISMISSED as untimely pursuant to � 1614.403(c).
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
The Commission may, in its discretion, reconsider the decision in this
case if the complainant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. The appellate decision involved a clearly erroneous interpretation
of material fact or law; or
2. The appellate decision will have a substantial impact on the policies,
practices, or operations of the agency.
Requests to reconsider, with supporting statement or brief, must be filed
with the Office of Federal Operations (OFO) within thirty (30) calendar
days of receipt of this decision or within twenty (20) calendar days of
receipt of another party's timely request for reconsideration. See 29
C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for
29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999). All requests
and arguments must be submitted to the Director, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. In the absence of a legible postmark, the
request to reconsider shall be deemed timely filed if it is received by
mail within five days of the expiration of the applicable filing period.
See 29 C.F.R. � 1614.604. The request or opposition must also include
proof of service on the other party.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely, unless extenuating circumstances
prevented the timely filing of the request. Any supporting documentation
must be submitted with your request for reconsideration. The Commission
will consider requests for reconsideration filed after the deadline only
in very limited circumstances. See 29 C.F.R. � 1614.604(c).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0900)
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. If you
file a request to reconsider and also file a civil action, filing a civil
action will terminate the administrative processing of your complaint.
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 24, 2006
__________________
Date