Raymond D. Rolen v. Jo Anne B. Barnhart, Commissioner of the Social Security Administration

Rolen applied for Social Security disability benefits in 1991, claiming that he had been disabled since 1989. The Administrative Law Judge dismissed his application on procedural grounds. A notice accompanying the dismissal order advised Rolen that “[i]f you disagree with the enclosed order of dismissal, you have the right to appeal.” The notice did not advise Rolen that he could file a new application.

Four years later, Rolen filed a second application for benefits based on the same disability. The Appeals Council upheld the ALJ’s finding that Rolen had been disabled since 1989, but declined to hold that the Commissioner should have reopened the 1991 application. As a result, Rolen is entitled to retroactive benefits only for the twelve months before his 1996 application. See 20 C.F.R. § 404.621 (a)(l)(i). Had the Commissioner reopened Rolen’s 1991 application, Rolen would have received approximately five years of additional retroactive benefits. See id.

Rolen sought judicial review in district court, claiming that he was denied due process because he was not advised, when his 1991 application was dismissed, that he could have his claim considered on the merits by filing a new…