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Posted by: Landry Butler on Feb 13, 2018

Court: 6th Circuit Court (Published Opinions)

Attorneys 1:

ON BRIEF: Wolodymyr Cybriwsky, Prestonburg, Kentucky, for Appellant.

Attorneys 2:

Laura H. Holland, SOCIAL SECURITY ADMINISTRATION, Denver, Colorado, for Appellee.

Judge(s): MERRITT, GRIFFIN, and DONALD, Circuit Judges.

Court Appealed: Appeal from the United States District Court for the Eastern District of Kentucky at Lexington.

MERRITT, Circuit Judge. Ricky Lee Smith filed an application for supplemental security income resulting from disability. A hearing was conducted before an administrative law judge (“ALJ”). The ALJ issued an unfavorable decision, finding that Smith was not disabled under the Social Security Act. The notice of decision stated that Smith had sixty days to file a written appeal with the Appeals Council if he disagreed with the ALJ’s decision. Smith’s attorney claimed he timely mailed a request for review to the Appeals Council, but was unable to provide any independent evidence of this. The Social Security Administration did not receive the request until approximately four months after the time for appeal had expired. Finding no good cause for the untimeliness, the Appeals Council dismissed the appeal. Smith subsequently filed a civil complaint seeking review of the Appeals Council’s dismissal of his untimely request for review. The district court dismissed his complaint for lack of jurisdiction and because Smith made no colorable constitutional claims.