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

Equal Employment Opportunity Commission

Jan 8, 2020

Request No. 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