Mathilda S.,1 Complainant,v.Andrew M. Saul, Commissioner, Social Security Administration, Agency.

Equal Employment Opportunity Commission

Jan 8, 2020

2019005407 (E.E.O.C. Jan. 8, 2020)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Mathilda S.,1
Complainant,

v.

Andrew M. Saul,
Commissioner,
Social Security Administration,
Agency.

Request No. 2019005407

Appeal No. 2019003005

Agency No. ATL181075SSA

DISMISSAL OF REQUEST FOR RECONSIDERATION

Complainant requests that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in EEOC Appeal No. 2019003005 (May 24, 2019). EEOC
Regulation 29 C.F.R. § 1614.405(c) provides that a request for reconsideration to the
Commission must be filed within 30 calendar days after a complainant receives the appellate
decision. The Commission will dismiss any request that is not filed in a timely manner, unless
extenuating circumstances prevented the timely filing of the request.

The EEOC issued its decision on May 24, 2019. Our prior decision included a Certificate of
Mailing indicating for timeliness purposes, the Commission will presume that the decision was
received within five calendar days after it was mailed, which was May 29, 2019. Complainant
filed her request for reconsideration on August 20, 2019, which is beyond the 30-day time limit.
Complainant has offered no explanation for the untimely filing.

Accordingly, Complainant’s request is DISMISSED as untimely filed pursuant to 29 C.F.R.
§1614.405(c). The decision in EEOC Appeal No. 2019003005 remains the Commission's final
decision. There is no further right of administrative appeal on the decision of the Commission on
this request.

1 This case has been randomly assigned a pseudonym which will replace Complainant’s name
when the decision is published to non-parties and the Commission’s website.
2019005407

2

COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (P0610)

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 (Z0815)

If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may
request permission from the court to proceed with the civil action without paying these fees or
costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may
request the court to appoint an attorney for you. You must submit the requests for waiver of
court costs or appointment of an attorney directly to the court, not the Commission. The
court has the sole discretion to grant or deny these types of requests. Such requests do not alter
the time limits for filing a civil action (please read the paragraph titled Complainant’s Right to
File a Civil Action for the specific time limits).

FOR THE COMMISSION:

______________________________ Carlton M. Hadden’s signature
Carlton M. Hadden, Director
Office of Federal Operations

January 8, 2020
Date