Miriam R. Alvarez and Catalino Perez, Complainants,v.Kenneth S. Apfel, Commissioner, Social Security Administration, Agency.

Equal Employment Opportunity CommissionOct 26, 2000
05980936_05980937 (E.E.O.C. Oct. 26, 2000)

05980936_05980937

10-26-2000

Miriam R. Alvarez and Catalino Perez, Complainants, v. Kenneth S. Apfel, Commissioner, Social Security Administration, Agency.


Miriam R. Alvarez and Catalino Perez v. Social Security Administration

05980936, 05980937

October 26, 2000

.

Miriam R. Alvarez and Catalino Perez,

Complainants,

v.

Kenneth S. Apfel,

Commissioner,

Social Security Administration,

Agency.

Request Nos. 05980936 and 05980937

Appeal Nos. 01966101 and 01966102

Agency Nos. SSA-95-0289

SSA-95-0288

DENIAL OF REQUESTS FOR RECONSIDERATION

On July 10, 1998, Miriam R. Alvarez and Catalino Perez(hereinafter

referred to as complainants) initiated requests to the Equal Employment

Opportunity Commission (EEOC) to reconsider the decision in Miriam

R. Alvarez and Catalino Perez v. Social Security Administration, EEOC

Appeal Nos. 01966101 and 01966102 (June 28, 1998). EEOC regulations

provide that the Commissioners may, in their discretion, reconsider any

previous decision where the party demonstrates that: (1) the previous

decision involved clearly erroneous interpretation of material fact or

law; or (2) the decision will have a substantial impact on the policies,

practices or operation of the agency. See 29 C.F.R. �1614.405(b).<1>

After a review of complainants' requests to reconsider, the previous

decision, and the entire record, the Commission finds that complainants'

requests do not meet the criteria of 29 C.F.R. �1614.405(b), and it

is the decision of the Commission to deny complainants' requests.

The decision of the Commission in Appeal Nos. 01966101 and 01966102

remains the Commission's final decision. There is no further right of

administrative appeal from a decision of the Commission on a 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

October 26, 2000

__________________

Date CERTIFICATE OF MAILING

For timeliness purposes, the Commission will presume that this decision

was received within five (5) calendar days after it was mailed.

I certify that this decision was mailed to complainants, complainants'

representative (if applicable), and the agency on:

__________________

Date

____________________________

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. The regulations, as amended, may also be found

at the Commission's website at www.eeoc.gov.