Ronald L. BOETTCHER, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

Ronald Boettcher appeals the district court’s dismissal of his action for lack of subject matter jurisdiction. We affirm the dismissal but do so on the merits.

I. FACTS AND PROCEEDINGS BELOW

In June 1980, Ronald Boettcher applied for Social Security disability benefits, claiming that he had been totally disabled since October 31, 1978 (“the onset date”). The Social Security Administration (“SSA”) originally denied Boettcher’s claim, but later allowed it, fixing the onset date at August 15, 1980. Upon Boettcher’s request for reconsideration, the SSA set back the onset date to September 25, 1979.

Boettcher, still contending that he was entitled to benefits going back to 1978, again requested reconsideration. The SSA apparently treated this further request as a request for a hearing. It sent Boettcher a notice of hearing that enumerated the issues that would be addressed and stated that the hearing would be de novo.

Boettcher objected to a de novo hearing. When he appeared at the hearing, his counsel asked for clarification of the issues to be addressed. The ALJ ruled that the issues would not be limited, but that the hearing would be de novo. Upon Boettcher’s refusal to proceed…