Michael J. Tobak, Jr. v. Kenneth Apfel, Commissioner Social Security Administration

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Michael J. Tobak Jr. appeals from an order of the District Court dismissing his complaint against Kenneth S. Apfel, the Commissioner of Social Security (“the Commissioner”), for lack of subject matter jurisdiction. We have appellate jurisdiction over the District Court’s final order pursuant to 28 U.S.C. § 1291. Upon plenary review, we will affirm.

I

As the District Court correctly explained, a claimant seeking disability benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-433, begins the administrative process by filing a claim with…