Anderson v. Comm'r, Soc. Sec. Admin.

6 Citing cases

  1. Troxel v. Comm'r of Soc. Sec.

    Case No: 2:16-cv-141-FtM-38CM (M.D. Fla. Jul. 11, 2016)

    To seek judicial review, a social security claimant must exhaust each step of the administrative review process, including "an initial determination, reconsideration, ahearing before an ALJ, and review by the Appeals Council." Anderson v. Comm'r, SSA, 544 F. App'x 861, 862 (11th Cir. 2013) (emphasis added; citation omitted). Here, it is clear that Plaintiff failed to exhaust each step of the administrative review process.

  2. Zachery-Holt v. Comm'r of Soc. Sec.

    8:22-cv-2506-MSS-AAS (M.D. Fla. Mar. 11, 2024)

    “The administrative review process includes an initial determination, reconsideration, a hearing before an ALJ, and review by the Appeals Council.” Anderson v. Comm'r, SSA, 544 Fed.Appx. 861, 862 (11th Cir. 2013); see alsoWeinberger v. Safi, 422 U.S. 749, 750 (1975) (“the finality required for judicial review is achieved only after the further steps of a hearing before an administrative judge and, possibly, consideration by the Appeals Council.”) Judicial review may be permitted after a reconsideration determination when the Commissioner does not challenge a claimant's contention that the reconsideration determination is final. See e.g., Weinberger, 422 U.S. at 750.

  3. Anderson v. Comm'r of Soc. Sec.

    22-cv-20900-BLOOM/Otazo-Reyes (S.D. Fla. Nov. 9, 2022)

    The dismissal was affirmed on appeal by the United States Court of Appeals for the Eleventh Circuit. See Anderson v. Comm'r, Soc. Sec. Admin., 544 Fed.Appx. 861, 861 (11th Cir. 2013). In the Amended Complaint, Plaintiff purports to assert claims for violation of his constitutional rights and seeks relief in the form of review of the amount of his SSI benefits.

  4. Mineo v. Comm'r of Soc. Sec.

    Case No: 8:19-cv-3180-T-36JBT (M.D. Fla. Dec. 16, 2020)

    "The administrative review process includes an initial determination, reconsideration, a hearing before an ALJ, and review by the Appeals Council." Anderson v. Comm'r, SSA, 544 F. App'x 861, 862 (11th Cir. 2013) (citing 20 C.F.R. § 404.900(a)(1)-(4)). However, "[e]xhaustion may be excused when the only contested issue is constitutional, collateral to the consideration of claimant's claim, and its resolution therefore falls outside the agency's authority."

  5. Figueroa v. Comm'r of Soc. Sec.

    Case No: 8:16-cv-1343-T-33JSS (M.D. Fla. Sep. 1, 2016)   Cited 2 times

    The administrative review process includes an initial determination, reconsideration, a hearing before an Administrative Law Judge ("ALJ"), and review by the Appeals Council. Anderson v. Comm'r, Soc. Sec. Admin., 544 F. App'x 861, 862 (11th Cir. 2013).

  6. Syens v. Comm'r of Soc. Sec.

    Case No: 8:15-cv-1142-T-JSS (M.D. Fla. Aug. 19, 2016)

    "Thus, to obtain review in federal court under § 405(g), a social security claimant must have: (1) presented his claim for benefits to the Commissioner; and (2) exhausted his administrative remedies." Anderson v. Comm'r of Soc. Sec., 544 F. App'x 861, 862 (11th Cir. 2013) (per curiam) (affirming the district court's dismissal of plaintiff's complaint for lack of subject matter jurisdiction because, although the Commissioner had denied plaintiff's claim "initially and on reconsideration," the Commissioner "had not yet acted on [plaintiff's] request for an ALJ hearing"). "This means claimant must have completed each of the steps of the administrative review process." Crayton v. Callahan, 120 F.3d 1217, 1220 (11th Cir. 1997).