05A30466
03-20-2003
Franklin Smithson, Complainant, v. Jo Anne B. Barnhart, Commissioner, Social Security Administration, Agency.
Franklin Smithson v. Social Security Administration
05A30466
March 20, 2003
.
Franklin Smithson,
Complainant,
v.
Jo Anne B. Barnhart,
Commissioner,
Social Security Administration,
Agency.
Request No. 05A30466
Appeal No. 01A14263
Agency No. 930-372
DENIAL OF REQUEST FOR RECONSIDERATION
Franklin Smithson (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider the
decision in Franklin Smithson v. Social Security Administration, EEOC
Appeal No. 01A14263 (February 12, 2003). EEOC Regulations provide that
the Commission may, in its discretion, reconsider any previous Commission
decision where the requesting party demonstrates that: (1) the appellate
decision involved a clearly erroneous interpretation of material fact
or law; or (2) the appellate decision will have a substantial impact
on the policies, practices, or operations of the agency. 29 C.F.R. �
1614.405(b).
In our previous decision, we affirmed the agency's award to complainant
of $1,000.00 in nonpecuniary compensatory damages he suffered as a result
of unlawful discrimination by the agency. In his request to reconsider,
complainant renews his previously-raised arguments in opposition to the
amount of the agency's nonpecuniary damages award, but fails to indicate
how the previous decision involved a clearly erroneous interpretation of
material fact or law or will have a substantial impact on the policies,
practices, or operations of the agency. Accordingly, after a review of
complainant's request for reconsideration, the previous decision, and
the entire record, the Commission finds that the request fails to meet
the criteria of 29 C.F.R. � 1614.405(b), and it is the decision of the
Commission to deny the request. The decision in EEOC Appeal No. 01A14263
remains the Commission's final decision. There is no further right of
administrative appeal on the decision of the Commission on this request
for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
March 20, 2003
Date