4 Under the Social Security regulations, a claimant receives a final decision subject to judicial review under 42 U.S.C. § 405(g) only if he exhausts this administrative review process and receives either (1) a decision by the Appeals Council, or (2) notice from the Appeals Council that it is denying his request for review. 20 C.F.R. § 404.981. Stated differently, only after exhausting these remedies may the claimant seek judicial review in federal court.

210(c),2 has interpreted “mailing” as the date the individual receives the Appeals Council’s notice of denial of request for review of the presiding officer’s decision or of the Appeals Council’s decision. 20 C.F.R. § 404.981. The Commissioner presumes the date of receipt is 5 days after the date of such notice, unless there is a reasonable showing to the contrary made to the Appeals Council.

If the AC issues a decision, that decision will constitute the final agency decision. 20 C.F.R. §§ 404.981, 416.1481.

On August 14, 2013, the Appeals Council (AC) denied Plaintiff's Request for Review (Tr. 1-5), making the ALJ’s decision the final decision of the Commissioner pursuant to 20 C.F.R. §§ 404.981, 416.1481 (2013).1 Plaintiff now seeks judicial review of the Commissioner’s final decision pursuant to 42 U.S.C. § 405(g).