Filed: Sep. 26, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-1419 WESLEY EDWARD SMITH, III, Petitioner, v. COMMISSIONER OF SOCIAL SECURITY; TERRY STRADTMAN; SOUTH CAROLINA VOCATIONAL REHABILITATION DETERMINATION; MS. C. RANDALL, Disability Hearing Officer; SOCIAL SECURITY ADMINISTRATION INSURANCE, Respondents. On Petition for Review of an Order of the Social Security Administration. Submitted: September 24, 2019 Decided: September 26, 2019 Before WYNN and HARRIS, Circuit Judges, and
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-1419 WESLEY EDWARD SMITH, III, Petitioner, v. COMMISSIONER OF SOCIAL SECURITY; TERRY STRADTMAN; SOUTH CAROLINA VOCATIONAL REHABILITATION DETERMINATION; MS. C. RANDALL, Disability Hearing Officer; SOCIAL SECURITY ADMINISTRATION INSURANCE, Respondents. On Petition for Review of an Order of the Social Security Administration. Submitted: September 24, 2019 Decided: September 26, 2019 Before WYNN and HARRIS, Circuit Judges, and T..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-1419
WESLEY EDWARD SMITH, III,
Petitioner,
v.
COMMISSIONER OF SOCIAL SECURITY; TERRY STRADTMAN; SOUTH
CAROLINA VOCATIONAL REHABILITATION DETERMINATION; MS. C.
RANDALL, Disability Hearing Officer; SOCIAL SECURITY
ADMINISTRATION INSURANCE,
Respondents.
On Petition for Review of an Order of the Social Security Administration.
Submitted: September 24, 2019 Decided: September 26, 2019
Before WYNN and HARRIS, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Wesley Edward Smith, III, Petitioner Pro Se. Terri Hearn Bailey, Assistant United States
Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina,
for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Wesley Edward Smith, III, petitions this court for review of a determination by the
Commissioner of Social Security to cease payment of supplemental security income (SSI)
benefits.
Under the Social Security Act, “[a]ny individual, after any final decision of the
Commissioner of Social Security made after a hearing to which he was a party . . . may
obtain a review of such decision by a civil action . . . brought in the district court of the
United States.” 42 U.S.C.A. § 405(g) (West 2019). Although “[d]irect review of agency
action has been placed in the courts of appeals . . . on an agency-by-agency basis,” direct
review does not lie in a court of appeals under the Social Security Act. In re Sutton,
652 F.3d 678, 679 (6th Cir. 2011) (per curiam). Instead, “in the case of Social Security
Act cases, judicial review is in the district court and is exclusively through 42 U.S.C.[A.]
§ 405(g).”
Id. (citing Shalala v. Ill. Council on Long Term Care, Inc.,
529 U.S. 1, 10
(2000); Mathews v. Eldridge,
424 U.S. 319, 327 (1976); Weinberger v. Salfi,
422 U.S. 749,
757 (1975)). Claimants generally must proceed through a four-step process within the
Social Security Administration before § 405(g) entitles them to judicial review in the
district court. Smith v. Berryhill,
139 S. Ct. 1765, 1772 (2019). Based on the plain
language of § 405(g), original jurisdiction for judicial review of a final decision of the
Commissioner lies in the district court, and this court has appellate jurisdiction to review
the district court’s decision regarding the claimant’s challenge. See Sunshine Haven
Nursing Operations, LLC v. DHHS,
742 F.3d 1239, 1248 (10th Cir. 2014).
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Smith’s civil action challenging the cessation of his SSI benefits currently is
pending before the district court, which has not yet issued a judgment from which Smith
has noted an appeal. Accordingly, we dismiss his petition. We dispense with oral argument
because the facts and legal contentions are adequately presented in the materials before this
court and argument would not aid the decisional process.
DISMISSED
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