Jenny Rose v. Nancy Berryhill
694 F. App'x 190
| 4th Cir. | 2017Background
- Plaintiffs Jenny Rose and Kathy Collins filed a putative class action challenging SSA procedures for redetermining disability and SSI benefits, alleging violations of SSA regulations, the Fifth Amendment, and the APA.
- The Acting Commissioner moved to dismiss for lack of subject-matter jurisdiction, arguing plaintiffs had not exhausted administrative remedies.
- The district court granted the motion and dismissed under Fed. R. Civ. P. 12(b)(1) for failure to exhaust and plaintiffs appealed, seeking excusal of exhaustion.
- After appeal, Rose conceded mootness and moved to vacate; the Acting Commissioner produced administrative records showing Collins received an unfavorable ALJ decision and the Appeals Council denied review.
- The Fourth Circuit concluded both plaintiffs had exhausted administrative remedies, rendering the appeal moot, and directed vacatur of the district court judgment and remand with instructions to dismiss the action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is moot because plaintiffs exhausted administrative remedies | Excusal of exhaustion is warranted; appeal should proceed | Appeal is moot because plaintiffs have completed administrative review | Appeal moot; vacate district judgment and remand with instruction to dismiss |
Key Cases Cited
- Williams v. Ozmint, 716 F.3d 801 (4th Cir. 2013) (explaining Article III case-or-controversy and when factual changes moot a case)
- Pender v. Bank of Am. Corp., 788 F.3d 354 (4th Cir. 2015) (mootness and standing when a live controversy ceases)
- Arizonans for Official English v. Arizona, 520 U.S. 43 (1997) (practice of vacating lower-court judgments when a civil case becomes moot on appeal)
- S. Walk at Broadlands Homeowner’s Assn., Inc. v. OpenBand at Broadlands, LLC, 713 F.3d 175 (4th Cir. 2013) (dismissals for lack of subject-matter jurisdiction must be without prejudice)