05a01041
03-28-2001
Wyatt Brownlee, Complainant, v. William A. Halter, Acting Commissioner, Social Security Administration Agency.
Wyatt Brownlee v. Social Security Administration
05A01041
03-28-01
.
Wyatt Brownlee,
Complainant,
v.
William A. Halter,
Acting Commissioner,
Social Security Administration
Agency.
Request No. 05A01041
Appeal No. 01A03313
Agency No. 000112SSA
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Wyatt
Brownlee v. Social Security Administration, EEOC Appeal No. 01A03313
(June 28, 2000). 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).
In complainant's request for reconsideration, he informs the Commission
that he has been on the Administrative Law Judge's (ALJs) eligibility
register since 1984, not 1994 as the previous decision states.<1>
Complainant also informs the Commission that he is still on the ALJ
eligibility register.<2> However, the record indicates that the last
official selection made from the ALJ eligibility register was in 1994. As
noted in the prior decision, complainant did not contact an EEO Counselor
until April 21, 1999. Given the five years between the last selection
made off this register and complainant's contact with an EEO Counselor,
we find that complainant should have suspected discrimination well before
April 1999. After carefully reviewing and considering 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. 01A03313 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
__03-28-01________________
Date
1 The Commission cited the 1994 date based on information submitted by
complainant in his statement on appeal in the previous decision.
2 The record shows that complainant specifically informed the EEO
Counselor that he has not been on the ALJ eligibility register for
several years because he has not updated his application as required.