Mr. Rosen applied for and was denied social security benefits on the grounds that he was not a partner in a business he alleged and therefore did not have enough credits to achieve fully insured status for purposes of the benefits for which he was applying. This decision was upheld on reconsideration.

Mr. Rosen requested a hearing on the matter but his hearing request was two weeks late and a dollar short. He did not provide any good cause explanation for the late appeal. The Hearing Examiner denied the request. Mr. Rosen appealed to federal district court.

The district court held that 1) the complaint failed to state a claim upon which relief could be granted, 2) the court lacked jurisdiction over the subject matter, and 3) Mr. Rosen failed to timely exhaust his administrative remedies.

See Social Security Ruling (SSR) 65-26c.

The moral of the story, children, is to pay close attention to deadlines in any legal matter. They may well make or break your case

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