05a50428
03-11-2005
Janice L. Dalzell, Complainant, v. Jo Anne B. Barnhart, Commissioner, Social Security Administration, Agency.
Janice L. Dalzell v. Social Security Administration
05A50428
03-11-05
.
Janice L. Dalzell,
Complainant,
v.
Jo Anne B. Barnhart,
Commissioner,
Social Security Administration,
Agency.
Request No. 05A50428
Appeal No. 01A41047
Agency No. 02-0150-SSA
DENIAL
Janice L. Dalzell (complainant) timely requested reconsideration of the
decision in Janice L. Dalzell v. Social Security Administration, EEOC
Appeal No. 01A41047 (December 21, 2004). EEOC Regulations provide that
the Commission may, in its discretion, grant a request to reconsider any
previous Commission decision where the requesting party demonstrates 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. See 29 C.F.R. � 1614.405(b).
After reconsidering the previous decision and the entire record, the
Commission finds that the request fails to meet the criteria of 29
C.F.R. � 1614.405(b), and it is the decision of the Commission to deny
the request.<1> The decision in EEOC Appeal No. 01A41047 remains the
Commission's final decision. There is no further right of administrative
appeal on the decision of the Commission on this request.
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
___03-11-05_______________
Date
1 The Commission notes that complainant
describes facts which may constitute a new claim of discrimination. Since
this claim was not previously raised as part of the present complaint,
it is inappropriate for her to raise this new claim for the first time
as part of the current request to reconsider. See Hubbard v. Department
of Homeland Security, EEOC Appeal No. 01A40449 (April 22, 2004).