USA v. Tony Gastineau

1Michael J. Astrue has been appointed to serve as Commissioner of Social
Security, and is substituted as appellee pursuant to Federal Rule of Appellate
Procedure 43(c)(2).
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 06-1267
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Deborah Martin, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the Eastern
* District of Missouri.
Michael J. Astrue1, Commissioner, *
Social Security Administration, * [UNPUBLISHED]
*
Appellee. *
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Submitted: February 16, 2007
Filed: February 28, 2007
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Before RILEY, MAGILL, and MELLOY, Circuit Judges.
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PER CURIAM.
The Social Security Administration denied Deborah Martin’s application for
supplemental security income on August 1, 2001, and informed her that she had sixty
days to request a hearing. When Martin did not file a request-for-hearing form until
October 11, 2001, an administrative law judge dismissed the hearing request as

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2The Honorable Charles A. Shaw, United States District Judge for the Eastern
District of Missouri, adopting the report and recommendations of the Honorable Terry
I. Adelman, United States Magistrate Judge for the Eastern District of Missouri.
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untimely. Martin sought judicial review, and the district court 2 dismissed her
complaint for lack of subject matter jurisdiction. After de novo review, see United
States v. Dico, Inc., 136 F.3d 572, 575 (8th Cir. 1998), we agree with the district court
that jurisdiction under 42 U.S.C. § 405(g) was lacking and that dismissal was
appropriate. Accordingly, we affirm. See 8th Cir. R. 47B.
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