Mr. Filice applied for and was denied social security disability insurance benefits. He appealed the denial to the Appeals Council, the final level of administrative review. In a decision dated April 26, 1960 the Appeals Council denied his appeal. He was notified in writing that he had 60 days to appeal by filing a complaint in federal district court.

However, after speaking with a social security employee who told him that federal court appeals were difficult to win and he was better off trying to reopen the case within four years if evidence were submitted proving his disability, he elected not to file a federal court appeal.

He filed a petition to reopen his claim on December 22, 1961. The Appeals Council denied this petition in a decision dated January 8, 1962. In March 7th, 1962, Mr. Filice file a complaint in federal district court, seeking review of the orders of the Appeals Council. However, the federal court was without power to review the April 26, 1960 Appeals Council decision.

Moreover, there was no statutory basis for the court to review a petition to reopen the case.

With respect to Mr. Filice’s claim for equitable relief based on his reliance upon allegedly false information given him by a social security employee, the court opined that it did not even need to reach the question of whether the agency could be estopped from asserting statutory requirements under these circumstances because the equitable claim was in essence merely an indirect way of asking the court to review the Appeals Council’s denial of his petition to reopen his claim.

The moral of the story in a nutshell is: appeal early and appeal often.

See Filice v. Celebrezze, 319 F.2d 443 (9th Cir. 1963). See also Social Security Ruling (SSR) 64-22c.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.