Background

• Walker-Butler applied for Title II disability benefits; ALJ initially denied, Appeals Council denied, and she sought judicial review in district court. The district court remanded her claim for further administrative proceedings in December 2014.
• On remand the ALJ issued a partially favorable decision dated August 27, 2015, and mailed notice to Walker-Butler; the notice explained the decision would become final 61 days after the notice unless she filed written exceptions or the Appeals Council assumed jurisdiction.
• Walker-Butler filed no written exceptions; the Appeals Council did not assume jurisdiction, so under 20 C.F.R. §404.984(c) the ALJ’s decision became the Commissioner’s final decision when the Appeals Council’s 60-day window expired.
• Walker-Butler filed a federal complaint on January 4, 2016; the Commissioner moved to dismiss as untimely, calculating the 60-day filing period under 42 U.S.C. §405(g) expired December 28, 2015 (a Monday) after accounting for the weekend.
• Walker-Butler argued 20 C.F.R. §422.210(c)’s five-day presumption of receipt (used on initial Appeals Council notices) delayed finality and thus her filing was timely; the district court rejected that argument and dismissed for untimeliness.
• The First Circuit considered whether §422.210(c)’s five-day presumption applies to final decisions on remand when no written exceptions are filed and the Appeals Council does not assume jurisdiction.

Issues

Key Cases Cited

• Bowen v. City of New York, 476 U.S. 467 (equitable tolling of social security filing period acknowledged)