Thibodeau

Thibodeau v. Kijakazi

Good Law
United States District Court, Northern District of CaliforniaJanuary 13, 20223:21-cv-02638California651 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SHANNON J. THIBODEAU, Case No. 21-cv-02638-AGT

Plaintiff,

ORDER GRANTING MOTION FOR

v. SUMMARY JUDGMENT

KILOLO KIJAKAZI, Re: Dkt. No. 8 Defendant.

On March 8, 2019, the Social Security Administration’s appeals council denied Shannon Thibodeau’s request for review of a decision denying her claim for disability benefits. Five days later, a sixty-day clock started ticking for Thibodeau to file a complaint for judicial review. See 42 U.S.C. § 405(g); 20 C.F.R. §§ 416.1401, 422.210(c). That sixty-day period could have been extended by the appeals council “upon a showing of good cause.” 20 C.F.R. § 422.210(c). But Thibodeau didn’t request an extension, so she had until May 13, 2019, to file her complaint. She didn’t meet that deadline. She filed her complaint on April 9, 2021, almost two years later. The sixty-day filing deadline is “designed to promote justice by preventing surprises through the revival of claims that have been allowed to slumber until evidence has been lost, mem- ories have faded, and witnesses have disappeared.” Bowen v. City of New York,…

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