Submitted: October 17, 2018
from United States District Court for the District of
Minnesota - Minneapolis
WOLLMAN, COLLOTON, and BENTON, Circuit Judges.
COLLOTON, Circuit Judge.
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 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
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
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 ...