Background
This is the plaintiff’s fourth attempt to obtain review of an administrative law judge’s 2020 decision regarding supplemental security income. In each of the first three attempts, the district court dismissed the claims because the plaintiff never sought review by the Social Security Administration’s Appeals Council. The plaintiff filed suit in November 2024, again seeking review of the 2020 decision without addressing the requirement to exhaust administrative remedies.
The court’s reasoning
The court held that the plaintiff’s failure to exhaust administrative remedies by seeking Appeals Council review meant there was no final decision. Consequently, the plaintiff lost the right to further administrative review and the right to judicial review. The plaintiff’s arguments were identical to previous suits, and the complaint conceded the failure to request Appeals Council review. The court noted that the plaintiff failed to explain why the district court’s decision was wrong.
Mr. Parker’s failure to exhaust his administrative remedies by seeking Appeals Council review meant there was no final decision, so he lost his right to further administrative review and his right to judicial review.
Parker v. Comm’r, 845 F. App’x 786, 788 (10th Cir. 2021)
What it means going forward
The decision reinforces that individuals must exhaust all administrative remedies, including Appeals Council review, before filing a lawsuit in federal court to challenge Social Security Administration decisions.