Boley v. Colvin

Dist. Ct. erred in dismissing claimant’s appeal of ALJ’s denial of her late request for hearing on her application for Social Security disability benefits under circumstances where: (1) claimant waited approximately 9 months to file said request; (2) agency timely served claimant with notice of denial of claim, but had failed to serve claimant’s attorney with said notice; and (3) ALJ found that claimant lacked good cause for making late request for hearing since claimant could have made timely request herself. While Dist. Ct. believed that ALJ’s denial was unreviewable under 42 USC section 405(g) because said decision occurred without having had oral hearing on matter, Ct. of Appeals, in overruling Watters, 656 F.2d 234, found that “hearing” for purposes of section 405(g) means whatever process agency deems adequate to produce final decision. As such, no oral hearing was required for instant denial to be reviewed, and thus matter was remanded so that Dist. Ct. could determine whether claimant established good cause to support late request for hearing.