SUGUITAN v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, No. 1:2012cv01671 - Document 30 (D.D.C. 2015)
Court Description: MEMORANDUM OPINION accompanying final order issued separately this day. Signed by Judge Emmet G. Sullivan on 3/25/15.(ah)
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SUGUITAN v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION Doc. 30 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________ ) JUANITA E. SUGUITAN, ) ) Plaintiff, ) ) v. ) Civil Action No. 12-1671 (EGS) ) COMMISSIONER OF ) SOCIAL SECURITY ) ADMINISTRATION, ) ) Defendants ) _________________________________ ) MEMORANDUM OPINION It is undisputed in this case brought under the Social Security Act that plaintiff did not apply for the wife’s insurance benefits sought from the Complaint. See Def.’s Mot. for Judgment of Dismissal [Dkt. # 24], Decl. of Patrick J. Herbst ¶ 9. The Social Security Act authorizes judicial review of a “final decision of the Commissioner of Social Security made after a hearing to which [the plaintiff] was a party[.]” 42 U.S.C. § 405(g). “The requirement that a plaintiff must first present [her] claim to the agency is jurisdictional and cannot be waived[.]” Cost v. Soc. Sec. Admin., 770 F. Supp. 2d 45, 48 (D.D.C.) aff'd, No. 11-5132, 2011 WL 6759544 (D.C. Cir. Dec. 2, 2011) (citing Bowen v. City of New York, 476 U.S. 467, 483)) (other citation omitted). Hence, the Court has no choice but to dismiss this case for want of subject matter jurisdiction. A separate order accompanies this memorandum opinion. DATE: March 25, 2015 SIGNED: EMMET G. SULLIVAN UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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