Alma Walker, Complainant,v.Kenneth S. Apfel, Commissioner, Social Security Administration, Agency.

Equal Employment Opportunity CommissionMay 19, 2000
05990521 (E.E.O.C. May. 19, 2000)

05990521

05-19-2000

Alma Walker, Complainant, v. Kenneth S. Apfel, Commissioner, Social Security Administration, Agency.


Alma Walker v. Social Security Administration

05990521

May 19, 2000

Alma Walker, )

Complainant, )

)

v. ) Request No. 05990521

) Appeal No. 01975252

) Agency No. 97-0352-61SSA

Kenneth S. Apfel, )

Commissioner, )

Social Security Administration, )

Agency. )

_________________________________)

DENIAL OF REQUEST FOR RECONSIDERATION

On March 15, 1999, Alma K. Walker (complainant) initiated a request

to the Equal Employment Opportunity Commission (EEOC) to reconsider

the decision in Walker v. SSA, EEOC Appeal No. 01975252 (March 11,

1998). In 64 Fed. Reg. 37644, 37659 (1999) (to be codified and hereinafter

referred to as 29 C.F.R. �1614.405), EEOC regulations provide that the

Commissioners may, in their discretion, reconsider any previous decision.

29 C.F.R. �1614.405(b).<1>

By regulation, requests for reconsideration must be filed within

thirty (30) calendar days after the party requesting reconsideration

receives our previous decision. 29 C.F.R. �1614.407(b). Requests for

reconsideration are deemed filed on the date received by the Commission,

unless postmarked earlier.

In this case, complainant's request for reconsideration was submitted in

an envelope with a postal postage meter mark of March 15, 1999. The record

reflects that complainant received our previous decision on March 31,

1998. Thus, the request for reconsideration was filed more than thirty

calendar days after receipt of the previous decision. In the request

for reconsideration, no reason is offered for submitting the request

for reconsideration more than 30 days after receipt of the previous

decision. The Commission finds that complainant has failed to provide

adequate justification for the untimely filing of the request.<2>

Accordingly, complainant's request for reconsideration is untimely and

is DENIED. The decision in EEOC Appeal No. 01975252 remains the

Commission's final decision in this matter. There is no further right

of administrative appeal from a decision of the Commission on a request

for reconsideration.

COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)

This decision of the Commission is final, and there is no further right

of administrative appeal from the Commission's decision. You have the

right to file a civil action in an appropriate United States District

Court WITHIN NINETY (90) CALENDAR DAYS from the date that you receive

this decision. If you file a civil action, YOU MUST NAME AS THE DEFENDANT

IN THE COMPLAINT THE PERSON WHO IS THE OFFICIAL AGENCY HEAD OR DEPARTMENT

HEAD, IDENTIFYING THAT PERSON BY HIS OR HER FULL NAME AND OFFICIAL TITLE.

Failure to do so may result in the dismissal of your case in court.

"Agency" or "department" means the national organization, and not the

local office, facility or department in which you work.

RIGHT TO REQUEST COUNSEL (Z1199)

If you decide to file a civil action, and if you do not have or cannot

afford the services of an attorney, you may request that the Court appoint

an attorney to represent you and that the Court permit you to file the

action without payment of fees, costs, or other security. See Title VII

of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.;

the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c).

The grant or denial of the request is within the sole discretion of

the Court. Filing a request for an attorney does not extend your time

in which to file a civil action. Both the request and the civil action

must be filed within the time limits as stated in the paragraph above

("Right to File A Civil Action").

FOR THE COMMISSION:

May 19, 2000

Date Carlton M. Hadden, Acting Director

Office of Federal Operations

1On November 9, 1999, revised regulations governing the EEOC's federal

sector complaint process went into effect. These regulations apply to all

federal sector EEO complaints pending at any stage in the administrative

process. Consequently, the Commission will apply the revised regulations

found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the

present appeal. The regulations, as amended, may also be found at the

Commission's website at www.eeoc.gov.

2The Commission notes that the request was submitted with a group of

eight other requests for reconsideration, each of which deals with

findings of discrimination. The Commission further notes that in Walker

v. SSA, Appeal No. 01981125 (February 9, 1999), the Commission affirmed

an agency's finding of no discrimination, indicating that complainant

testified that she never intended to apply for a vacant position.

While the instant request for reconsideration discusses being given

priority consideration, as do the other eight requests submitted with

it, the request identified that it concerned Appeal No. 01975252, as

well as agency number 97-0352-61, rather than Appeal No. 01981125 which

involves Agency No. 95-0461 (SSA) and which had a hearing number. The

requests submitted by the other complainants contained the appropriate

appeal, agency, and hearing numbers. In any event, given that there was

a finding of no discrimination in Appeal No. 01981125, complainant would

not be entitled to any kind of relief.