Mickey Puckett v. Carolyn Colvin

MEMORANDUM

Mickey Puckett appeals the dismissal for lack of subject matter jurisdiction of his action challenging the constitutionality of the Commissioner of Social Security’s dismissal of his request for a hearing on his applications for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, and we affirm. See Dexter v. Colvin, 731 F.3d 977, 980 (9th Cir.2013).

The district court did not err in concluding that it lacked subject matter jurisdiction because Puckett failed to raise a color-able claim that he was denied due process in the dismissal of his request for a hearing before an administrative law judge (“ALJ”) after he failed to appear at the hearing. See id. (holding that decision on hearing request is non-final and not generally reviewable unless claimant raises col-orable constitutional claim). Puckett did not raise a colorable due process claim that he received insufficient notice of the hearing. The Commissioner complied with the Social Security regulations by mailing two hearing notices and attempting to contact Puckett by telephone. See 42…