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Garolyn Fields v. RRRB, 15-60158 (2015)

Court: Court of Appeals for the Fifth Circuit Number: 15-60158 Visitors: 64
Filed: Oct. 22, 2015
Latest Update: Mar. 02, 2020
Summary: Case: 15-60158 Document: 00513243045 Page: 1 Date Filed: 10/22/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED October 22, 2015 No. 15-60158 Summary Calendar Lyle W. Cayce Clerk GAROLYN M. FIELDS, Petitioner v. UNITED STATES RAILROAD RETIREMENT BOARD, Respondent Petition for Review of an Order of the Railroad Retirement Board RRB No. 13-AP-0068 Before REAVLEY, SMITH, and HAYNES, Circuit Judges. PER CURIAM:* Garolyn Fields seeks
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Case: 15-60158 Document: 00513243045 Page: 1 Date Filed: 10/22/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED October 22, 2015 No. 15-60158 Summary Calendar Lyle W. Cayce Clerk GAROLYN M. FIELDS, Petitioner v. UNITED STATES RAILROAD RETIREMENT BOARD, Respondent Petition for Review of an Order of the Railroad Retirement Board RRB No. 13-AP-0068 Before REAVLEY, SMITH, and HAYNES, Circuit Judges. PER CURIAM:* Garolyn Fields seeks an annuity provided by the Railroad Department Act because of her marriage to Milton Fields, deceased. This court has jurisdiction of her appeal only if she has exhausted her claim before the Railroad Retirement Board. She has failed to do so and this court must dismiss. * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 15-60158 Document: 00513243045 Page: 2 Date Filed: 10/22/2015 No. 15-60158 She presented her claim in 2009 and it was denied and reconsidered but denied again by the Bureau of Hearings and Appeals on November 23, 2009. In response to her letter that she disagreed, the Agency informed her that an appeal had to be filed on HA-1 form before January 22, 2010. The form was enclosed in a return envelope. But she failed to file the appeal until June 28, 2013. Having no final decision by the three-member Board, this court has no jurisdiction to act. DISMISSED. 2
Source:  CourtListener

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