AMIT P. MEHTA, District Judge.
Plaintiff Melinda Monet, proceeding pro se, seeks review of an August 1, 2006, determination by the Social Security Administration ("SSA") affirming that the SSA had overpaid Plaintiff by more than $13,000 in disability benefits ("Overpayment Determination"). See Compl., ECF No. 1, at 11-12, 17-18.
Defendant Nancy Berryhill, the Acting Commissioner of Social Security,
On the same day that Plaintiff filed an "Objection" to the Motion to Dismiss, see id., she also filed a "Motion to Remand to the Social Security Administration Appeals Council." See Pl.'s Mot. to Remand, ECF No. 24 [hereinafter Mot. to Remand]. In that Motion, Plaintiff explained that, before she filed suit, in July 2016, she filed a "Request for Hearing by Administrative Law Judge" of the Overpayment Determination. See id. at 23; id., ECF No. 24-1, at 40-70 (Ex. 10). She received a response to her Request, but was dissatisfied with the answer she received, so she filed a "Request for Reconsideration," to which she never received a response. See Mot. to Remand at 23-24; id., ECF No. 24-1 at 73-79 (Ex. 12). As relief, Plaintiff asks the court to enter "an order of remand back to the SSA Appeals Council for the purpose of taking . . . evidence" on the question of whether a court ordered her committed to a medical institution during the period of her benefits overpayment. See Mot. to Remand at 41.
Although the procedural history of this matter is complicated, the outcome is not. First, the court will dismiss the Complaint because Plaintiff has not alleged a cognizable injury-in-fact, as required to have Article III standing. See Arpaio v. Obama, 797 F.3d 11, 19 (D.C. Cir. 2015). Plaintiff has not alleged either that the SSA owes her benefit payments or that the SSA is seeking recovery of overpayment from her. Cf. Carpenters Indus. Council v. Zinke, 854 F.3d 1, 5 (D.C. Cir. 2017) (stating that even a "dollar of economic harm" is sufficient to establish injury-in-fact). Mere correction of the factual basis of the ALJ's otherwise favorable determination is not the kind of "concrete" injury that establishes Article III standing. See Spokeo, Inc. v. Robins, 578 U.S. ____, ____, 136 S.Ct. 1540, 1548-49 (2016). Second, even if Plaintiff's suit is not disqualified on standing grounds, the court lacks subject matter jurisdiction because Plaintiff has not exhausted her administrative remedies as required under the Social Security Act. 20 C.F.R. § 404.900; see also Ryan v. Bentsen, 12 F.3d 245, 247 (D.C. Cir. 1993). Although Plaintiff has presented her request to the SSA to correct its records, she has not allowed the administrative process to run its course. By Plaintiff's own admission, she has a pending "Request for Reconsideration" before the SSA. See Mot. to Remand at 23-24; id., ECF No. 24-1 at 73-74 (Ex. 12). Even if the SSA had denied that request, Plaintiff still would not have exhausted her administrative remedies. See Ryan, 12 F.3d at 247 (describing the four stages of administrative review before an SSA decision becomes "final" and thus judicially reviewable). Finally, the SSA has not, as Plaintiff asserts, waived the exhaustion-of-remedies requirement, and the court declines to waive that requirement because exhaustion in this case would not be futile. See id.
Thus, for the foregoing reasons, Defendant's Motion to Dismiss is granted, and Plaintiff's Motion for Remand is denied. A separate Order accompanies this Memorandum Opinion.