Banks v. Chater

OPINION

■ IRENAS, District Judge:

This is an action brought by plaintiff for judicial review of the denial by the Appeals Council of the Social Security Administration (“SSA”) to review a decision by an Administrative Law Judge (“ALJ”) which found no “good cause” for plaintiff’s untimely filing of appeal and thus dismissed plaintiff’s request for a hearing. Defendant argues that this Court does not have jurisdiction because the denial by the Appeals Council does not constitute a “final decision” of the Commissioner. Because we agree that there has been no “final decision” for jurisdictional…