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Hall v. Berryhill

United States District Court, E.D. Arkansas, Western Division

September 21, 2018

ROY EDWARD HALL PLAINTIFF
v.
NANCY A. BERRYHILL, Acting Commissioner, Social Security Administration DEFENDANT

          PROPOSED FINDINGS AND RECOMMENDATIONS

          JOE J. VOLPE UNITED STATES MAGISTRATE JUDGE

         INSTRUCTIONS

         The following recommended disposition has been sent to United States District Judge James M. Moody, Jr. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original and one copy of your objections must be received in the office of the United States District Court Clerk no later than fourteen (14) days from the date of the findings and recommendations. The copy will be furnished to the opposing party. Failure to file timely objections may result in waiver of the right to appeal questions of fact.

         If you are objecting to the recommendation and also desire to submit new, different, or additional evidence, and to have a hearing for this purpose before the District Judge, you must, at the same time that you file your written objections, include the following:

1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence proffered at the hearing (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.
3. The details of any testimony desired to be introduced at the new hearing in the form of an offer of proof, and a copy, or the original, of any documentary or other non-testimonial evidence desired to be introduced at the new hearing.

         From this submission, the District Judge will determine the necessity for an additional evidentiary hearing. Mail your objections and “Statement of Necessity” to:

Clerk, United States District Court Eastern District of Arkansas 600 West Capitol Avenue, Suite A149 Little Rock, AR 72201-3325

         I. INTRODUCTION

         On October 15, 2014, Plaintiff filed a document with the Social Security Administration stating he was seeking review of the Administration's decision regarding the issue of retroactivity of childhood disability benefits. (Doc. 14-1 at 6.) On March 9, 2015, the Administration mailed Plaintiff a notice of dismissal because his claim raised “the same [issue] determined previously regarding [Plaintiff's] entitlement month for disabled adult child benefits on the record of Leroy Hall.” (Doc. 14-1 at 8.) The notice informed Plaintiff of his right to file a request for a hearing before an Administrative Law Judge (ALJ). (Id.)

         On May 12, 2015, Plaintiff did file a request for hearing before an ALJ (Id. at 10), but on June 8, 2015, Plaintiff through his representative moved to withdraw the request for a hearing. (Id. at 11.) On September 21, 2015, an Administrative Law Judge granted Plaintiff's request and entered an Order of Dismissal. (Id. at 15.) On September 29, 2015, Plaintiff notified the Administration he was appealing the Administrative Law Judge's dismissal. (Id. at 16.) On April 27, 2017, the Appeals Council denied Plaintiff's request for review finding “no reason under [their] rules to review the Administrative Law Judge's dismissal. (Id. at 23.) On April 30, 2018, Plaintiff, proceeding pro se, filed the instant civil action in this Court. (Doc. No. 2.)

         Now before the Court is Defendant's Motion to Dismiss for failure to exhaust administrative remedies. (Doc. No. 14.) Plaintiff has not responded. After careful review of the pleadings in this matter, I recommend the Motion be GRANTED and Plaintiff's cause of action be dismissed without prejudice for failure to exhaust.

         II. ...


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