Opinion
No. C01-04639 CRB.
March 8, 2002.
ORDER OF DISMISSAL WITHOUT PREJUDICE
Now before the Court is defendant's motion to dismiss for lack of subject matter jurisdiction The record demonstrates plaintiff's most recent application for social security income benefits (May 2001) was denied initially on August 7, 2001 and on reconsideration on January 9, 2002. Plaintiff has not yet exhausted his appeals to an administrative law judge or the Appeals Council, thus the Court does not have jurisdiction of plaintiff's appeal of the denial of his May 2001 application To the extent plaintiff seeks review of the denial of his previous applications for social security benefits, any such review is time-barred. Plaintiff must file a complaint with the Court within 60 days of the Appeals Council's decision denying benefits. See 20 C.F.R. § 422.210(c) (2001).
Accordingly, this action is dismissed without prejudice to plaintiff filing an appeal with this Court of the denial of his May 2001 application after he has exhausted his administrative remedies.
IT IS SO ORDERED.