Eunice Subia v. Commissioner of Social Security

OVERVIEW

Plaintiff-Appellant Eunice Subia filed a complaint in federal district court to compel the Social Security Administration (“SSA”) to grant her a benefits eligibility hearing. The district court dismissed the action for lack of jurisdiction and entered judgment for the Commissioner of the SSA. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and AFFIRM the district court.

DISCUSSION

1. Background

Subia is a 59 year-old former aircraft assembler residing in southern California who claims to suffer from a series of disabling injuries including toxic exposure, arthritis, asthma, fatigue, hypertension, and myalgia. In December of 1994, Subia applied for and was denied Social Security Disability Income benefits (“SSDI benefits”). In response to this denial, Subia requested a hearing before an Administrative Law Judge (“ALJ”). In a letter dated March 13, 1997, Subia and her attorney, George L. Katz, were advised by the SSA that Subia’s request for a hearing would soon be assigned to an ALJ who would be traveling to Pasadena to hear the matter. Katz responded with a letter stating simply that “[tjhis is our strongest objection to your out of state ALJs hearing our local…