United States District Court, D. Connecticut
RULING AND ORDER ON MOTION TO DISMISS
A. BOLDEN, UNITED STATES DISTRICT JUDGE
Ruiz (“Plaintiff”), proceeding pro se,
filed this Social Security disability claim under Section
205(g) of the Social Security Act, as amended by 42 U.S.C.
Colvin, Commissioner of Social Security
(“Commissioner”) filed a motion to dismiss. Ms.
Ruiz has not responded.
following reasons, the motion to dismiss is
FACTUAL AND PROCEDURAL BACKGROUND
of back problems, verrucous veins, diabetes, high blood
pressure, depression, and plantar fasciitis, Ms. Ruiz seeks
Social Security disability benefits. ECF No. 1. She allegedly
cannot work and can hardly walk-with constant daily pain.
Id. Following a February 14, 2014 hearing, an
Administrative Law Judge denied her claim on May 30, 2014.
ECF No. 13.
August 6, 2015, the Appeals Council affirmed that decision.
Id. The Appeals Council also recommended that Ms.
Ruiz file a civil action in the district court within sixty
days of receiving its decision further informed Ms. Ruiz that
she could request an extension to file her civil action if
she was unable to file within sixty days. Id.
October 14, 2015, Ms. Ruiz filed her civil action one day
after the sixty-day deadline, ECF No. 1, and moved for leave
to proceed in forma pauperis. ECF Nos. 2. On October
19, 2015, Judge Margolis granted the motion., 6.
December 21, 2015, the Commissioner moved to dismiss this
case. ECF No. 11. Because the Commissioner did not notice Ms.
Ruiz, a self-represented litigant, the Court denied this
motion without prejudice. ECF No. 12.
August 22, 2017, the Commissioner renewed the motion to
dismiss and included a notice for this self-represented
litigant. ECF No. 13. The Clerk's office mailed a copy to
Ms. Ruiz the following day at the address in the Court's
records, but the United States Postal Service returned the
mailing as undeliverable. Ms. Ruiz has yet to respond or
otherwise provide the Court with a forwarding address.
STANDARD OF REVIEW
205(g) and (h), and 405 (g) and (h), expressly limit judicial
review of the Social Security Act. Under these provisions, a
plaintiff must present her claims in the district court
within 60 days after the mailing of the notice of a final
decision, or within such further time as the Commissioner may
allow. 42 U.S.C. § 405(g). The sixty-day time limit to
file a civil action is a waiver of sovereign immunity.
Bowen v. City of N.Y., 476 U.S. 467, 479 (1986)
(“Petitioners next contend that if the 60-day limit is
a statute of ...