Plaintiff applied for disability and was denied. He appealed the initial decision and the reconsideration determination and was granted a hearing. His claim was again denied following the hearing. He filed a request for review with the Appeals Council, which declined to review his case. The administrative decision thus became final.

Plaintiff was sent a letter informing him of his right to appeal to federal district by by filing a complaint no later than sixty days from the date he received the letter. Plaintiff filed a complaint on the sixty-first day. The social security administration moved for summary judgment.

The court granted the motion. It explained that the government has sovereign immunity from being sued, but can waive that immunity and prescribe the manner in which suit may be brought against it.

Because plaintiff had not complied with the statute granting him a right to sue the commissioner of social security, which he needed to do within sixty day, the court did not have jurisdiction to hear his case.

See Social Security Ruling (SSR) 68-17c.

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