Opinion
Case No. CV408-093.
June 2, 2008
REPORT AND RECOMMENDATION
Plaintiff has filed a complaint and a motion to proceed in forma pauperis in this action against the Social Security Administration. (Docs. 1, 2.) He seeks to have the Court review information in documents attached to his complaint and to "file charges against anyone involved." (Doc. 1 at 1.) Plaintiff alleges that he receives only $490 per month in SSI and SSA benefits but would like to receive at least $2,500 per month. (Id., SSA Letter of May 15, 2008 at 1; id., Request for Reconsideration at 1.) He also appears to be challenging an overpayment decision. (Id., SSA Letter of August 3, 2007 at 1.) Plaintiff's motion to proceed in forma pauperis is GRANTED, but for the following reasons, his case should be summarily DISMISSED.
United States district courts have very limited jurisdiction in social security cases. The district courts have jurisdiction only over appeals from "final" decisions of the Social Security Commissioner. See 5 U.S.C. § 702; 42 U.S.C. §§ 405(g), 421(d); and 20 C.F.R. § 422.210. Prior to appearing in federal court, a claimant must first seek an initial administrative determination of the benefits to which he is entitled. Social Security Disability Claims, Appendix 3 § 404.900(a). If dissatisfied with the initial determination, he may ask for reconsideration. Id. If dissatisfied with both the reconsideration and initial determination, a claimant may request a hearing before an administrative law judge, and if unhappy with the decision of the administrative law judge, he may request that the Appeals Council review the decision. Id. Not until these administrative review steps are completed has a "final" decision been rendered. Id. Once a final administrative decision is entered, a claimant may request judicial review by filing an action in federal district court. Id. Feinberg does not appear to be challenging a "final" decision of the Social Security Commissioner. He does not contend that he has appeared before an administrative law judge or the Appeals Council. (Doc. 1.) Accordingly, his complaint should be DISMISSED.