Katherine K. BANTA, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary, Defendant-Appellee

RYMER, Circuit Judge:

The Secretary of Health and Human Services denied Katherine K. Banta’s application for disability benefits. She sought review of that decision in the district court, but she filed her action more than sixty days after the Appeals Council denied her request for review of an adverse determination by an Administrative Law Judge. The district court dismissed her action as untimely.

After denial of her application but before a decision was rendered by the Appeals Council on her request for review, Banta had submitted a memorandum purporting to raise additional points. The…