Kenyotta Timmons v. Commissioner Social Security
17-2509
| 3rd Cir. | Dec 15, 2017Background
- Timmons, a pro se Social Security claimant, missed a scheduled ALJ hearing and notified the hearing site he could not attend because he could not afford transportation; he also sent a same-day letter requesting postponement for indigence.
- The ALJ issued a request to show cause; Timmons replied, citing indigence and a relapse of his disability (epileptic seizures) as reasons for nonattendance.
- The ALJ dismissed Timmons’s hearing request for failure to show good cause, stating inability to pay transportation was not good cause; the Appeals Council denied review.
- Timmons sued in district court for review of the disability determination; the Commissioner moved to dismiss for lack of subject matter jurisdiction because no final decision followed a hearing.
- The District Court dismissed for lack of §405(g) jurisdiction and found no viable constitutional claim; Timmons appealed to the Third Circuit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court had jurisdiction under 42 U.S.C. §405(g) to review adverse disability determination | Timmons sought review of ALJ/Commissioner action and alleged procedural defects; argued denial of review violated rights | Commissioner: No final decision after a hearing because claimant failed to attend; §405(g) requires a final decision post-hearing | Held: No jurisdiction under §405(g); dismissal affirmed as to lack of final decision |
| Whether claimant stated a colorable constitutional (due process) claim that excuses exhaustion | Timmons alleged ALJ failed to follow agency regs and denied him a hearing despite good-cause reasons (indigence, medical relapse) | Commissioner contended claimant failed to obtain a hearing and thus cannot get judicial review; but addressed constitutional issue in briefing | Held: Timmons alleged a colorable due-process claim; District Court should have considered it — remanded for further proceedings |
| Whether claimant’s reasons for missing the hearing constitute "good cause" under agency regs | Timmons: inability to pay transportation and medical relapse constitute good cause under 20 C.F.R. regs | ALJ: inability to pay transportation costs not good cause; dismissal appropriate | Held: Court did not decide merits of good-cause; only found claim colorable and remanded so district court can address constitutional claim and procedures |
| Whether pro se status excuses briefing defaults on appeal | Timmons raised some arguments late; relied on pro se status | Commissioner and rules: failure to raise issues in opening brief waives them | Held: Court noted pro se status does not automatically excuse briefing rules but found consideration of constitutional claim appropriate here |
Key Cases Cited
- Califano v. Sanders, 430 U.S. 99 (limits judicial review to a Commissioner’s final decision after a hearing)
- Tobak v. Apfel, 195 F.3d 183 (3d Cir.) (standard of review for dismissal of Social Security action for lack of jurisdiction)
- Bacon v. Sullivan, 969 F.2d 1517 (3d Cir.) (constitutional claims can excuse exhaustion of administrative remedies)
- Dexter v. Colvin, 731 F.3d 977 (9th Cir.) (ALJ must address facially legitimate good-cause reasons for missing hearing)
- Gambino v. Morris, 134 F.3d 156 (3d Cir.) (discussion of due-process considerations when administrative review is denied)