Summary
In Myer v. Colvin, No. 1:14-cv-883, 2015 WL 224749 (N.D.N.Y. Jan. 15, 2015), a factually identical case, the plaintiff raised the same arguments as those presently before the Court, which Judge Hurd rejected. By regulation, section 405(g) has been interpreted to require that judicial review "be instituted within 60 days after the Appeals Council's notice of denial of request for review of the administrative law judge's decision or notice of the decision by the Appeals Council is received by the individual [.]" 20 C.F.R. § 422.210(c).
Summary of this case from Cope ex rel. M.A.R.C. v. ColvinOpinion
1:14-CV-883 (DNH/DEP)
01-15-2015
HEATHER MYER, o/b/o KWC, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
APPEARANCES: OFFICE OF PETER M. MARGOLIUS Attorney for Plaintiff 7 Howard Street Catskill, NY 12414 OFFICE OF REGIONAL GENERAL COUNSEL Attorneys for Defendant Social Security Administration Region II 26 Federal Plaza, Room 3904 New York, NY 10278 OF COUNSEL: PETER M. MARGOLIUS, ESQ. MONIKA K. CRAWFORD, ESQ.
APPEARANCES: OFFICE OF PETER M. MARGOLIUS
Attorney for Plaintiff
7 Howard Street
Catskill, NY 12414
OFFICE OF REGIONAL GENERAL
COUNSEL
Attorneys for Defendant
Social Security Administration
Region II
26 Federal Plaza, Room 3904
New York, NY 10278
OF COUNSEL: PETER M. MARGOLIUS, ESQ. MONIKA K. CRAWFORD, ESQ. DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff Heather Myer, on behalf of K.W.C., a minor, filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying her application for Supplemental Security Income benefits under the Social Security Act. By Report-Recommendation dated December 15, 2014, the Honorable David E. Peebles, United States Magistrate Judge, recommended that the Commissioner's motion to dismiss the complaint based on plaintiff's failure to timely commence this action within the sixty-day time period prescribed by law be granted. No objections to the Report-Recommendation were filed.
Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. The Commissioner's motion to dismiss is GRANTED; and
2. Plaintiff's complaint is DISMISSED.
IT IS SO ORDERED. Dated: January 15, 2015
Utica, New York.
/s/_________
United States District Judge