Opinion
6:07-CV-0557 (GHL).
April 23, 2008
PAUL E. LOUIS, SR., Plaintiff pro se, Newport, New York.
HON. GLENN T. SUDDABY, United States Attorney for the, Northern District of New York, KAREN T. CALLAHAN, ESQ., Special Assistant United States Attorney, Counsel for Defendant, Syracuse, New York.
ORDER
On April 10, 2008, I issued a Report and Recommendation recommending that Defendant's Motion to Dismiss (Dkt. No. 13) be granted. (Dkt. No. 20.) On April 14, 2008, the parties consented to me conducting any and all proceedings in this case pursuant to 28 U.S.C. § 636(c) and Federal Rule of Civil Procedure 73. (Dkt. No. 21.) On April 18, 2008, Plaintiff filed timely objections to my Report and Recommendation. (Dkt. No. 22.) I have reviewed those objections and find them to be without merit.
This Court lacks jurisdiction to review Defendant's decision because Plaintiff's complaint was not filed within 60 days of Plaintiff's receipt of notice of the administrative decision. 42 U.S.C. § 405(g). Plaintiff has not demonstrated that the 60-day deadline should be equitably tolled. Moreover, this Court lacks jurisdiction because the administrative decision was fully favorable to Plaintiff. Jones v. Califano, 576 F.2d 12, 18 (2d Cir. 1978). See also Buck v. Secretary, 923 F.2d 1200, 1203 (6th Cir. 1991) ("The claimant has no standing to appeal a fully favorable decision."); Wheeler v. Hacker, 719 F.2d 595, 600 (referring to the "rule that judicial review of favorable decisions is generally unavailable."). Finally, this Court lacks jurisdiction to review Defendant's refusals to reopen the administrative decision. Byam v. Barnhart, 336 F.3d 172, 180 (2d Cir. 2003.)
Plaintiff, through counsel, asserted an onset date of May 1, 1981, and the Appeals Council's decision found that Plaintiff has been disabled since May 1, 1981.
WHEREFORE, it is hereby
ORDERED, that Defendant's Motion to Dismiss (Dkt. No. 13) is GRANTED.