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Thompson v. Commissioner of Social Security Administration

United States Court of Appeals, Eighth Circuit

March 22, 2019

Dennis Thomas Thompson, Plaintiff - Appellant,
v.
Commissioner of Social Security Administration, Defendant-Appellee.

          Submitted: October 17, 2018

          Appeal from United States District Court for the District of Minnesota - Minneapolis

          Before WOLLMAN, COLLOTON, and BENTON, Circuit Judges.

          COLLOTON, Circuit Judge.

         Dennis Thompson filed a civil action in the district court challenging the Social Security Commissioner's denial of his application for disability insurance benefits. The district court[1] dismissed the action as untimely, and Thompson appeals. We conclude that Thompson is not entitled to equitable tolling of the time limit, and we therefore affirm.

         I.

         In 2005, Dennis Thompson was diagnosed with a neurological disorder called transverse myelitis and other conditions. He applied in 2013 for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 423. The Social Security Administration denied Thompson's application after a hearing before an administrative law judge, and the Appeals Council denied review in a letter dated July 27, 2015. The letter included the following text:

If You Disagree With Our Action
If you disagree with our action, you may ask for court review only of the Administrative Law Judge's decision concerning Supplemental Security Income by filing a civil action.
How to File a Civil Action
You may file a civil action (ask for court review) by filing a complaint in the United States District Court for the judicial district in which you live. The complaint should name the Commissioner of Social Security as the defendant and should include the Social Security number(s) shown at the top of this letter.
Time To File a Civil Action
You have 60 days to file a civil action (ask for court review).
. The 60 days start the day after you receive this letter. We assume you received this letter 5 days after the date on it unless you show us that you did not receive ...

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