Reynolds v. Commissioner Social Security Administration, No. 3:2015cv00882 - Document 17 (D. Or. 2016)
Court Description: OPINION AND ORDER: Motion to Dismiss 12 is GRANTED. This case is dismissed without prejudice. See formal OPINION AND ORDER. Copy of OPINION AND ORDER sent to Pro Se Plaintiff. Signed on 6/14/2016 by Judge Ann L. Aiken. (rh)
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Reynolds v. Commissioner Social Security Administration Doc. 17 UNITED STATES DISTRICT COURT DISTRICT OF OREGON GREG M REYNOLDS, Plaintiff, Case No. 3:15-cv-00882-AA OPINION AND ORDER v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. AIKEN, Judge: Plaintiff, appearing pro se, filed challenging the failure of the Commissioner to approve or deny his application for disability benefits and seeking remand for an award of benefits. The Commissioner moves for dismissal of plaintiffs claim on grounds that this Co mi lacks jurisdiction under the Act to review actions of the Commissioner absent a final decision. Judicial review of claims arising under Title II or Title XVI of the Social Security Act is 1 - OPINION AND ORDER Dockets.Justia.com limited to final decisions of the agency after an administrative hearing. See Subia v. Comm 'r ofSoc. Sec., 264 F.3d 899, 902 (9th Cir. 2001); see also Califano v. Sanders, 430 U.S. 99, 108 (1977); Johnson v. Shala/a, 2 F.3d 918, 921 (9th Cir. 1993) ("Section 405(g) requires an SSI claimant to obtain a final judgment from the Secretaiy before seeking judicial review."). Here, it is undisputed that the Commissioner has issued no final decision on plaintiff's application. In November 2014, plaintiff sought reconsideration of the initial denial of his application, and, for reasons unknown and unexplained, the agency had not rendered a decision on reconsideration as of April 2016. The Commissioner maintains that a decision on reconsideration is imminent if not already rendered. At this juncture, no final decision has been issued in the case, and the court lacks jurisdiction to review plaintiff's claim. CONCLUSION Accordingly, the motion to dismiss (doc. 12) is GRANTED. This case is dismissed without prejudice. IT IS SO ORDERED. '"''' <hi' 1/- of fooc, 2016. {ll_,A_ Ann Aiken United States District Judge 2 - OPINION AND ORDER
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