Agaby Youssef v. Michael Astrue

MEMORANDUM

Appellant Agaby Youssef (“Appellant”) appeals the District Court’s dismissal of her action brought against Michael J. As-true in his capacity as Commissioner of Social Security Administration. Appellant filed an application for Supplemental Security Income (“SSI”) benefits under Title XVI of the Social Security Act in March 2000 and also sought reopening of two prior unfavorable decisions on SSI applications she had filed in 1993 and 1997. The Administrative Law Judge ultimately issued a fully favorable decision on her March 2000 application, but denied reopening of her 1993 and 1997 SSI applications. Appellant appealed the Administrative Law Judge’s denial to the District Court, which dismissed her claim for a lack of subject matter jurisdiction.

Judicial review of the decisions of the Commissioner of Social Security Administration is limited to final decisions. 42 U.S.C. § 405 (g); see Schweiker v. Chilicky, 487 U.S. 412, 424 , 108 S.Ct. 2460 , 101 L.Ed.2d 370 (1988). “A decision not to reopen a prior, final benefits decision is discretionary and ordinarily does not constitute a final decision; therefore, it is not subject to judicial review.” Udd v. Massanari, 245…