Kim

MEMORANDUM *

Kathryn Kim sought to appeal a denial of disability benefits from the Social Security Administration (SSA), but was denied a rehearing because she untimely filed. The district court dismissed her action for lack of jurisdiction under 42 U.S.C. § 405 (g) because she failed to obtain a final judgment after a hearing as required by the regulation. We have considered Kim’s argument and find that she has no basis for mandamus, the only basis for jurisdiction that she asserts on appeal, and affirm the district court.

After the SSA terminated her disability benefits, Kim requested and was granted a hearing for reconsideration of her claim in 1999. Before the agency issued a decision, Kim was incarcerated. Some months later, the SSA sent a notice to Kim, informing her that she was determined ineligible for benefits, and advising her that she could appeal the decision within 60 days of receipt of the letter. The notice informed Kim that the agency presumed that she received the notice within 5 days of the date of issuance. The SSA sent the letter to the last address it had on record for Kim, which turned out to be a postal box that Kim did not check while in prison. At no…