05a10447
07-13-2001
Gilbert Martinez, Complainant, v. Larry G. Massanari, Acting Commissioner, Social Security Administration, Agency.
Gilbert Martinez v. SSA
05A10447
July 13, 2001
.
Gilbert Martinez,
Complainant,
v.
Larry G. Massanari,
Acting Commissioner,
Social Security Administration,
Agency.
Request No. 05A10447
Appeal No. 01A10881
Agency No. 97-0588-SSA
Hearing No. 320-98-8433X
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Gilbert
Martinez v. SSA, EEOC Appeal No. 01A10881 (February 27, 2001).
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. See 29 C.F.R. � 1614.405(b).
After a review of the 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. 01A10881 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
July 13, 2001
__________________
Date
FOR OFO INTERNAL CIRCULATION ONLY
Initial
Date
To: Carlton M. Hadden, Director
Office of Federal Operations
To: Hilda Rodriguez, Director
Appellate Review Programs
Request Number
05A10447
Appeal Number
01A10881
Agency Number
97-0588-SSA
Hearing Number
320-98-8433X
THE ATTACHED DECISION IS RECOMMENDED FOR APPROVAL:
Title
Name
Initial
Date
Attorney:
Oscar M. Holloway, II
6-28-01
Supervisor:
Mary Jean Moore
Division Director:
Marie Fitzgerald
Complainant(s):
Gilbert Martinez
Agency:
SSA
Decision:
Denied
Statute(s) Alleged:
Title VII
Basis(es) Alleged:
NH, OR
Issue(s) Alleged:
P3, A8
Where Discrimination Is Found (Only):
(A) Basis(es) for Finding:
(B) Issues in Finding:
Typist/date/diskette
oh0 / 6-28-01
Spell Check
YES
Team Proofed
Date
05 CASE DISPOSITION SHEET
Complainant
Agency
Request No.
Gilbert Martinez
SSA
05A10447
Check ALL applicable codes
PROCEDURAL DECISION
No finding by OFO on allegations of discrimination or no discrimination,
or on allegations of breach of settlement agreement or lack of breach
of settlement agreement.
X 3K - Procedural Decision
MERITS DECISION
Must include finding by OFO of discrimination or no discrimination,
or of breach of settlement agreement or lack of breach of settlement
agreement on at least one issue.
? 4A - Merits Decision
? 6Q - 01 decision was procedural
? 6R - 01 decision was merits? 6Q - 01 decision was procedural
? 6R - 01 decision was merits? 3L - RTR vacated / remanded ALL of
agency's merits decision
? 3M - RTR reversed / remanded agency's procedural
decision
? 6E - RTR found discrimination
List Basis codes:
List Issue codes:
? 6F - RTR found no discrimination? 6H - RTR affirmed 01 decision
? 6I - RTR reversed 01 decision
? 6J - RTR modified 01 decision (NOTE: if affirmed in
part and reversed in part, then 3M code required)
? 6M - RTR vacated 01 decision (NOTE: 01 decision MUST
be merits and ALL issues vacated)
? 6U - Reconsider on own motion? 6S - RTR found settlement breach
? 6T - RTR found no settlement breach? 6H - RTR affirmed 01 decision
? 6I - RTR reversed 01 decision
? 6J - RTR modified 01 decision
(affirmed in part, reversed in part)
? 6U - Reconsider on own motion? 4H - RTR affirmed FAD
? 4I - RTR reversed FAD
? 4J - RTR modified FAD? 4H - RTR affirmed FAD
? 4I - RTR reversed FAD
? 4J - RTR modified FAD (NOTE: if affirmed in part and
reversed in part, then 3L code required if at least one
issue is remanded)
? 3L - RTR remanded PART of agency's merits decision. If
breach is basis, use of 3L also requires 4I code.
? 3P - Adverse inference? 4Q - Compliance requiredRTR DENIED
Denials require only 3K and 6Q or 6R (above) and 6D and 6N or 6P (below),
for a total of 4 codes, and 4Q if applicable
X 6D - RTR Denied? 4N - RTR affirmed AJ
? 4O - RTR reversed AJ
? 4P - RTR modified AJ
? 4T - AJ issued Summary Judgment decision
? 4U - RTR affirmed AJ Summary Judgment
? 4V - RTR reversed AJ Summary JudgmentX 6N - Failure to meet RTR
criteria
? 6P - Other procedural defect? 3H - RTR denied attorney's fees
? 3I - RTR approved attorney's fees
? 3J - RTR modified attorney's fees
? 4Q - Compliance required on 01OTHER CLOSURE CODES
Do NOT include 3K or 4A codes
? 3C - Duplicate docket #
? 3D - Withdrawal
? 3E - Complaint settled
? 3G - Other letter closure
? 3R - Return to agency for consolidation
? 3S - Return to AJ for consolidation
? 7N - Civil action filed? 3T - Decision on comp. damages - DENIED
? 3U - Decision on comp. damages - APPROVED
? 3V - Decision on comp. damages - MODIFIED
? 4Q - Compliance required on 01
Revised - 10/3/00Appellate Review Program Companion Case Checklist
COMPLAINANT
AGENCY
Appeal/Request/Petition No.
Gilbert Martinez
SSA
05A10447
OPEN
CASES (#)
ORADS
STATUS
RELATED
(YES/NO)
ACTIONS
TAKEN
CLOSED
CASES (#)
ORADS
STATUS
RELATED
(YES/NO)
ACTIONS
TAKEN
______________________ _______________
ATTORNEY DATE