Karen Dexter v. Carolyn W. Colvin
731 F.3d 977
| 9th Cir. | 2013Background
- Dexter applied for Social Security disability benefits in 2003; SSA denied initially and on reconsideration.
- SSA advised a hearing within 60 days but Dexter filed late; SSA treated delay as untimely and later as res judicata.
- Dexter’s March 2005 reconsideration was treated as untimely hearing request; she explained illness and family death.
- ALJ dismissed the late request in August 2005, noting lack of good cause and the error by SSA employee Nancy Scott.
- SSA later corrected the error but the ALJ did not address Dexter’s remaining good-cause grounds (illness, mother's death).
- Appeals Council denied review; Dexter sued in district court which dismissed for lack of exhaustion subject to a colorable constitutional claim under due process.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dexter’s good-cause grounds create a due process claim. | Dexter asserts colorable due process claim for failure to consider all good-cause grounds. | SSA contends the ALJ’s decision on good cause is discretionary and not reviewable. | Dexter states a colorable due process claim requiring remand. |
| Whether the ALJ erred by not considering all asserted good-cause grounds. | ALJ failed to address illness and death grounds listed in 20 C.F.R. § 404.911(b). | ALJ properly assessed whether good cause existed under regulations. | ALJ’s failure to address all grounds necessitates remand. |
| Whether the district court properly reviewed the exhaustion without a colorable constitutional claim. | Due process exception allows judicial review of a colorable constitutional claim. | Discretionary nature of good-cause determinations generally precludes review. | Court reverses to remand for consideration of Dexter’s good-cause grounds. |
Key Cases Cited
- Klemm v. Astrue, 543 F.3d 1139 (9th Cir. 2008) (discusses exhaustion and due process principles for SSA determinations)
- Udd v. Massanari, 245 F.3d 1096 (9th Cir. 2001) (due process implications of failure to provide grounds for denial)
- Randall v. Yakima Nation Tribal Court, 841 F.2d 897 (9th Cir. 1988) (procedural due process concerns in administrative proceedings)
- Sample v. Diecks, 885 F.2d 1099 (3d Cir. 1989) (due process requires reasoned decisions when possible to enable review)