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Suguitan v. Commissioner of Social Security Administration

United States District Court, District of Columbia

March 25, 2015

JUANITA E. SUGUITAN, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendants.

MEMORANDUM OPINION

EMMET G. SULLIVAN, District Judge.

It is undisputed in this case brought under the Social Security Act that plaintiff did not apply for the wife's insurance benefits sought from the Complaint. See Def.'s Mot. for Judgment of Dismissal [Dkt. # 24], Decl. of Patrick J. Herbst ¶ 9. The Social Security Act authorizes judicial review of a "final decision of the Commissioner of Social Security made after a hearing to which [the plaintiff] was a party[.]" 42 U.S.C. § 405(g). "The requirement that a plaintiff must first present [her] claim to the agency is jurisdictional and cannot be waived[.]" Cost v. Soc. Sec. Admin., 770 F.Supp.2d 45, 48 (D.D.C.) aff'd, No. 11-5132, 2011 WL 6759544 (D.C. Cir. Dec. 2, 2011) (citing Bowen v. City of New York, 476 U.S. 467, 483)) (other citation omitted). Hence, the Court has no choice but to dismiss this case for want of subject matter jurisdiction. A separate order accompanies this memorandum opinion.


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