Filed: Dec. 17, 2014
Latest Update: Dec. 17, 2014
Summary: REPORT AND RECOMMENDATION PHILLIP J. GREEN, Magistrate Judge. This is a social security action filed on September 15, 2014, by Pastor Idella Williams, purporting to act as next friend for A.S.M., Jr., a minor. Idella Williams's pro se complaint alleges that she is A.S.M., Jr.'s grandmother and care giver. (docket # 1 at ID# 3). Exhibit 1 attached to the complaint is a letter dated May 9, 2014, from the Social Security Administration addressed to Tuere Tiombe Williams notifying her of the Ad
Summary: REPORT AND RECOMMENDATION PHILLIP J. GREEN, Magistrate Judge. This is a social security action filed on September 15, 2014, by Pastor Idella Williams, purporting to act as next friend for A.S.M., Jr., a minor. Idella Williams's pro se complaint alleges that she is A.S.M., Jr.'s grandmother and care giver. (docket # 1 at ID# 3). Exhibit 1 attached to the complaint is a letter dated May 9, 2014, from the Social Security Administration addressed to Tuere Tiombe Williams notifying her of the Adm..
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REPORT AND RECOMMENDATION
PHILLIP J. GREEN, Magistrate Judge.
This is a social security action filed on September 15, 2014, by Pastor Idella Williams, purporting to act as next friend for A.S.M., Jr., a minor. Idella Williams's pro se complaint alleges that she is A.S.M., Jr.'s grandmother and care giver. (docket # 1 at ID# 3). Exhibit 1 attached to the complaint is a letter dated May 9, 2014, from the Social Security Administration addressed to Tuere Tiombe Williams notifying her of the Administration's initial determination that on and after June 1, 2014, the monthly SSI payment to her as the representative payee for A.S.M., Jr. would be $721.00. (docket # 1-1 at ID# 5). Further, the letter notified the representative payee that she would need to set up a separate account for A.S.M., Jr.'s past due SSI benefits of $10,204.15. (Id. at ID# 6). A copy of the initial determination letter was sent to Idella Williams as "representative" of A.S.M., Jr. (Id. at ID# 8). The letter concluded with instructions how to pursue further administrative remedies1 if the recipient disagreed with the Administration's initial determination. (Id. at ID#s 8-9). Idella Williams filed this lawsuit on September 15, 2014.
On November 13, 2013, defendant filed a Rule 12(b)(1) motion seeking dismissal of plaintiff's complaint for lack of subject-matter jurisdiction. (docket # 5). Plaintiff ignored the motion and the time for her response expired on December 9, 2014. See W.D. MICH. LCIVR 7.2(c). "The plaintiff bears the burden of establishing that jurisdiction exists." Taylor v. KeyCorp, 680 F.3d 609, 612 (6th Cir. 2012). Plaintiff did not carry her burden. She ignored defendant's motion. There is no final administrative decision subject to judicial review. 42 U.S.C. §§ 405(g), 1383(c)(3). The court lacks subject-matter jurisdiction.2 See Califano v. Sanders, 430 U.S. 99, 107-09 (1977); see also Kennedy v. Commissioner, No. 99-1053, 1999 WL 1336080 (6th Cir. Dec. 21, 1999); Hardy v. Commissioner, No. 12-cv-13246, 2013 WL 1976371, at * 2 (E.D. Mich. Mar. 11, 2013); Muhammad v. United States Gov't, 1:08-cv-494, 2009 WL 1525979, at * 2-3 (W.D. Mich. June 1, 2009).
Recommended Disposition
I recommend that defendant's motion to dismiss (docket # 5) be granted and that plaintiff's complaint be dismissed for lack of subject-matter jurisdiction.
