Legal Opinion

Cost v. Social Security Administration

District Court, District of Columbia

Decided March 15, 2011No. Civil Action 08-2226 (RWR)PublishedCited by 20 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

RICHARD W. ROBERTS, District Judge.

Pro se plaintiff Ernest Cost brings a claim against the Social Security Administration (“SSA”) under the Social Security Act (“Act”), 42 U.S.C. §§ 301 et seq., seeking judicial review of the SSA’s determination of his retirement insurance benefits on the ground that the SSA improperly applied the windfall elimination provision to reduce his benefits. SSA has filed a motion to dismiss, arguing that Cost has failed to exhaust his administrative remedies. Because SSA has not provided sufficient evidence that Cost did not request an…

2Cases cited17 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
  4. Califano v. SandersSupreme Court of the United States · 1977
  5. Bowen v. City of New YorkSupreme Court of the United States · 1986

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3Cited by20 opinions

  1. Bowe-Connor v. ShinsekiDistrict Court, District of Columbia · 2012
  2. Escalera v. Commissioner of Social SecurityCourt of Appeals for the Second Circuit · 2011
  3. Mackinac Tribe v. JewellDistrict Court, District of Columbia · 2015
  4. Beattie v. BarnhartDistrict Court, District of Columbia · 2012
  5. Suarez v. Commissioner of Social Security AdministrationDistrict Court, District of Columbia · 2015

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