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Martin v. Astrue

United States Court of Appeals, Eighth Circuit
Feb 28, 2007
217 F. App'x 581 (8th Cir. 2007)

Opinion

No. 06-1267.

Submitted: February 16, 2007.

Filed: February 28, 2007.

Appeal from the United States District Court for the Eastern District of Missouri.

Jane Rund, for Appellee.

Before RILEY, MAGILL, and MELLOY, Circuit Judges.



[UNPUBLISHED]


The Social Security Administration denied Deborah Martin's application for supplemental security income on August 1, 2001, and informed her that she had sixty days to request a hearing. When Martin did not file a request-for-hearing form until October 11, 2001, an administrative law judge dismissed the hearing request as untimely. Martin sought judicial review, and the district court dismissed her complaint for lack of subject matter jurisdiction. After de novo review, see United States v. Dico, Inc., 136 F.3d 572, 575 (8th Cir. 1998), we agree with the district court that jurisdiction under 42 U.S.C. § 405(g) was lacking and that dismissal was appropriate. Accordingly, we affirm. See 8th Cir. R. 47B.

The Honorable Charles A. Shaw, United States District Judge for the Eastern District of Missouri, adopting the report and recommendations of the Honorable Terry I. Adelman, United States Magistrate Judge for the Eastern District of Missouri.


Summaries of

Martin v. Astrue

United States Court of Appeals, Eighth Circuit
Feb 28, 2007
217 F. App'x 581 (8th Cir. 2007)
Case details for

Martin v. Astrue

Case Details

Full title:Deborah MARTIN, Appellant, v. Michael J. ASTRUE, Commissioner, Social…

Court:United States Court of Appeals, Eighth Circuit

Date published: Feb 28, 2007

Citations

217 F. App'x 581 (8th Cir. 2007)