Cost v. Social Security Administration
2011 U.S. Dist. LEXIS 26182
| D.D.C. | 2011Background
- Cost, pro se, sues SSA for judicial review of the SSA's retirement benefits decision under the Social Security Act.
- In August 2005, Cost applied for Retirement Insurance Benefits and initially was awarded $335/mo.
- SSA issued a July 10, 2007 reconsideration reducing benefits under the windfall elimination provision.
- Cost alleges he mailed a hearing request August 22, 2007 and completed HA-501-U5; SSA records do not show a hearing request.
- Cost filed suit December 24, 2008; SSA moved to dismiss for failure to exhaust administrative remedies, converted to summary judgment.
- Court declines dismissal, finds a genuine factual dispute about whether Cost exhausted remedies, and orders show-cause remand for potential ALJ hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cost exhausted administrative remedies. | Cost mailed hearing request; SSA faxed form; receipt shows delivery of a letter. | SSA did not receive a hearing request; records show no such submission. | Genuine dispute; exhaustion not resolved on motion. |
| Whether exhaustion can be excused as futile due to SSA delay. | SSA failure to schedule a hearing renders exhaustion futile. | Exhaustion not futile; no showing SSA would refuse to consider claim upon remand. | Futility not established; exhaustion not excused. |
Key Cases Cited
- Weinberger v. Salfi, 422 U.S. 749 (1975) (jurisdictional vs non-jurisdictional exhaustion under § 405(g))
- Bowen v. City of New York, 476 U.S. 467 (1986) (waivable vs nonwaivable exhaustion elements)
- Shalala v. Illinois Council on Long Term Care, Inc., 529 U.S. 1 (2000) (mitigation of individual hardship in exhaustion process)
- Mathews v. Eldridge, 424 U.S. 319 (1976) (nonwaivable element presentment requirement)
- Hall v. Sebelius, 689 F. Supp. 2d 10 (D.D.C. 2009) (dismissal for failure to exhaust inappropriate when only non-jurisdictional exhaustion is at issue)
- Triad at Jeffersonville, LLC v. Leavitt, 563 F. Supp. 2d 1 (D.D.C. 2008) (exhaustion may be waived in exceptional futile cases)
- Mobile Exploration & Producing U.S., Inc. v. Babbitt, 913 F. Supp. 5 (D.D.C. 1995) (undue delay may render exhaustion futile in some contexts)
- Angel v. Pan Am. World Airways, Inc., 519 F. Supp. 1173 (D.D.C. 1981) (futility due to administrative delay considerations)
- UDC Chairs Chapter, Am. Ass'n of Univ. Professors v. Bd. of Trs. of the Univ. of D.C., 56 F.3d 1469 (D.C. Cir. 1995) (exhaustion waiver limitations in non-jurisdictional context)