Opinion
Case No.: 3:19-cv-0690-MMD-WGC
11-18-2019
ROBIN ALICE HARRISON, Plaintiff v. SOCIAL SECURITY APPEALS COUNSEL, Defendants
Order
Plaintiff has filed an application to proceed in forma pauperis (IFP). (ECF No. 1.) Her application indicates she intends to proceed with an action against the Social Security Appeals Council; however, the IFP application was not accompanied by a complaint.
Plaintiff is advised that federal courts have sole jurisdiction to conduct judicial review of the Social Security Administration's final determination, but only once there is a final determination following the exhaustion of all administrative remedies. See 42 U.S.C. § 405(g). The process generally is as follows: After a claimant files an application for disability benefits, a disability examiner makes the initial decision on the claimant's application. See 20 C.F.R. §§ 404.900(a)(1); 416.1400(a)(1). If the agency denies the claim initially, the claimant may request reconsideration of the denial, and the case is sent to a different disability examiner for a new decision. See 20 C.F.R. §§ 404.900(a)(2), 416.1400(a)(2). If the agency denies the claim on reconsideration, the claimant may request a hearing and the case is sent to an ALJ who works for the Social Security Administration. See 20 C.F.R. §§ 404.900(a)(3), 416.1400(a)(3). The ALJ issues a written decision after the hearing. See 20 C.F.R. § 404.900(a)(3). If the ALJ denies the claim, the claimant may request review by the Appeals Council. See 20 C.F.R. §§ 404.900(a)(4), 416.1400(a)(4). If the Appeals Council determines there is merit to the claim, it generally remands the case to the ALJ for a new hearing. If the Appeals Council denies review, the claimant can file an action in the United States District Court. See 42 U.S.C. § 405(g); 20 C.F.R. §§ 404.900(a)(5), 416.1400(a)(5).
Plaintiff has 30 days from the date of this Order to file a complaint. The correct defendant, assuming Plaintiff has exhausted all administrative stages of review and has received a final decision from the Appeals Council, is the Acting Commissioner of Social Security, Nany Berryhill. If Plaintiff does not file a complaint within 30 days, this action may be dismissed.
IT IS SO ORDERED.
Dated: November 18, 2019
/s/_________
William G. Cobb
United States Magistrate Judge