Case Name in Social Security Case - Unavailable

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOSEPH MICHAEL BOVA, JR., : 1:25-CV-00470
:
Plaintiff, : (Magistrate Judge Schwab)
:
v. :
:
SOCIAL SECURITY :
COMMISSIONER, :
:
Defendant. :
:
MEMORANDUM OPINION
I. Introduction.
This is a social security action brought under 42 U.S.C. § 405(g). Plaintiff
Joseph Micheal Bova, Jr. seeks judicial review of a decision of the Commissioner
of Social Security (“Commissioner”) adjusting the amount of his supplemental
security income benefits. Because Bova has not exhausted administrative remedies
and obtained a final decision after a hearing, we will grant the Commissioner’s
motion for summary judgment and dismiss the complaint without prejudice.
II. Background and Procedural History.
Bova’s complaint is unclear. Doc. 1. But from the documents that he has
submitted with his complaint, it appears that although Bova was granted
supplemental security income (“SSI”), he was later informed that he received an
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overpayment of those benefits, and amounts were—and continue to be—withheld
as repayment of the overpayment. Doc. 2 at 1 (sealed). Liberally construing
Bova’s complaint since he is proceeding pro se, we construe Bova as complaining
about the determination that there was an overpayment and the withholding of
some of his benefits to account for such overpayment.
Bova was granted leave to proceed in forma pauperis, and the complaint was
served on the Commissioner. Docs. 5. The parties then consented to proceed
before a magistrate judge pursuant to 28 U.S.C. § 636(c), and the case was referred
to the undersigned. Doc. 15.
The Commissioner filed a motion to dismiss the complaint under Fed. R.
Civ. P. 12(b)(6). Doc. 16. He also filed a brief in support of his motion to dismiss
arguing that the court should dismiss the complaint because Bova has not
exhausted administrative remedies and obtained a final decision after a hearing.
Doc. 17. The Commissioner attached to his brief a declaration from Janay
Podraza, Chief of the Court Case Preparation and Review Branch 2 of the Office of
Appellate Operations of the Social Security Administration. Doc. 17-1 at 1–3. In
addition to attaching documents from Bova’s social security file to his declaration,
Podraza makes factual statements in his declaration. Id. at 1–37. Bova
subsequently filed documents and what we have construed as a brief in opposition
to the motion to dismiss. Docs. 19, 23, 24.
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Federal Rule of Civil Procedure 12(d) provides that “[i]f, on a motion under
Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not
excluded by the court, the motion must be treated as one for summary judgment
under Rule 56” and “[a]ll parties must be given a reasonable opportunity to present
all the material that is pertinent to the motion.” Fed. R. Civ. P. 12(d). Under this
provision, if documents outside the pleadings are presented in connection with a
12(b)(6) motion to dismiss, the “Court has discretion to either convert the motion
to dismiss into a motion for summary judgment, or to ignore the matters presented
outside the pleadings and continue to treat the filing as a motion to dismiss.”
Yuratovich v. U.S. Dept. of Just., No. CV 13-5651 (NLH), 2015 WL 8328328, at
*3 (D.N.J. Dec. 8, 2015).
Here, the Commissioner relies on the Podraza declaration and attached
documents. The declaration and attached documents are integral to resolution of
the Commissioner’s motion. Thus, by an Order dated September 15, 2025, we
exercised our discretion to convert the motion to dismiss into a motion for
summary judgment. Doc. 25. And in accordance with Fed. R. Civ. P. 12(d), we
notified the parties that we will treat the motion as a motion for summary
judgment, that we will consider the documents submitted by the Commissioner,
and that we will decide the motion under Fed. R. Civ. P. 56. Id. at 5, 7. We also
gave Bova a reasonable opportunity to present any pertinent summary judgment
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materials in opposition to the motion. Id. at 7. And given that Bova is proceeding
pro se, we attached to the September 15, 2025 Order a copy of Fed. R. Civ. P. 56.
Id. at 7–9. We also notified Bova about Federal Rule of Civil Procedure 56(d) and
that under that rule, if a party “shows by affidavit or declaration that, for specified
reasons, it cannot present facts essential to justify its opposition, the court may”
defer ruling on the motion for summary judgment, deny the motion for summary
judgment, allow time to obtain affidavits or declarations or to take discovery, or
enter any other appropriate order. Id. at 5–6.
Although we gave Bova 21 days to file a brief in opposition to the motion
for summary judgment, he has not filed anything after our order converting the
Commissioner’s motion to a motion for summary judgment. Thus, this matter is
ripe for decision.
III. Summary Judgment Standards.
Federal Rules of Civil Procedure 56(a) provides that “[t]he court shall grant
summary judgment if the movant shows that there is no genuine dispute as to any
material fact and the movant is entitled to judgment as a matter of law.” Fed. R.
Civ. P. 56(a). “Through summary adjudication the court may dispose of those
claims that do not present a ‘genuine dispute as to any material fact’ and for which
a jury trial would be an empty and unnecessary formality.” Goudy-Bachman v.
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U.S. Dept. of Health & Human Services, 811 F. Supp. 2d 1086, 1091 (M.D. Pa.
2011) (quoting Fed. R. Civ. P. 56(a)).
The moving party bears the initial responsibility of informing the court of
the basis for its motion and identifying those portions of the record that
demonstrate the absence of a genuine dispute of material fact. Celotex Corp. v.
Catrett, 477 U.S. 317, 323 (1986). With respect to an issue on which the
nonmoving party bears the burden of proof, the moving party may discharge that
burden by “‘showing’—that is, pointing out to the district court—that there is an
absence of evidence to support the nonmoving party’s case.” Id. at 325.
Once the moving party has met its burden, the nonmoving party may not rest
upon the mere allegations or denials of its pleading; rather, the nonmoving party
must show a genuine dispute by “citing to particular parts of materials in the
record, including depositions, documents, electronically stored information,
affidavits or declarations, stipulations (including those made for purposes of the
motion only), admissions, interrogatory answers, or other materials” or “showing
that the materials cited do not establish the absence . . . of a genuine dispute.” Fed.
R. Civ. P. 56(c). If the nonmoving party “fails to make a showing sufficient to
establish the existence of an element essential to that party’s case, and on which
that party will bear the burden at trial,” summary judgment is appropriate. Celotex,
477 U.S. at 322.
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Summary judgment is also appropriate if the nonmoving party provides
merely colorable, conclusory, or speculative evidence. Anderson v. Liberty Lobby,
Inc., 477 U.S. 242, 249 (1986). There must be more than a scintilla of evidence
supporting the nonmoving party and more than some metaphysical doubt as to the
material facts. Id. at 252. “Where the record taken as a whole could not lead a
rational trier of fact to find for the non-moving party, there is no ‘genuine issue for
trial.’” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586
(1986).
The substantive law identifies which facts are material, and “[o]nly disputes
over facts that might affect the outcome of the suit under the governing law will
properly preclude the entry of summary judgment.” Anderson, 477 U.S. at 248. A
dispute about a material fact is genuine only if there is a sufficient evidentiary
basis that would allow a reasonable fact finder to return a verdict for the non-
moving party. Id. at 248–49.
When “faced with a summary judgment motion, the court must view the
facts ‘in the light most favorable to the nonmoving party.’” N.A.A.C.P. v. N.
Hudson Reg’l Fire & Rescue, 665 F.3d 464, 475 (3d Cir. 2011) (quoting Scott v.
Harris, 550 U.S. 372, 380 (2007)). At the summary judgment stage, the judge’s
function is not to weigh the evidence or to determine the truth of the matter; rather
it is to determine whether there is a genuine issue for trial. Anderson, 477 U.S. at
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249. The proper inquiry of the court “is the threshold inquiry of determining
whether there is the need for a trial—whether, in other words, there are any
genuine factual issues that properly can be resolved only by a finder of fact
because they may reasonably be resolved in favor of either party.” Id. at 250.
Summary judgment is warranted against a party who fails to make a
showing sufficient to establish the existence of an element essential to that party’s
case and on which that party will bear the burden of proof at trial. Celotex, 477
U.S. at 322. “Under such circumstances, ‘there can be no genuine issue as to any
material fact, since a complete failure of proof concerning an essential element of
the nonmoving party’s case necessarily renders all other facts immaterial.’”
Anderson v. Consol. Rail Corp., 297 F.3d 242, 247 (3d Cir. 2002) (quoting
Celotex, 477 U.S. at 323). “[S]ummary judgment is essentially ‘put up or shut up’
time for the non-moving party: the non-moving party must rebut the motion with
facts in the record and cannot rest solely on assertions made in the pleadings, legal
memoranda, or oral argument.” Berckeley Inv. Group, Ltd. v. Colkitt, 455 F.3d
195, 201 (3d Cir. 2006).
IV. The Material Facts.
The Commissioner has presented the Podraza declaration. Doc. 17-1 at 1–3.
In his declaration, Podraza makes factual statements. Citing documents relevant to
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Bova’s claim for supplemental security income, Podraza sets forth the steps taken
in connection with that claim. The documents and Podraza’s declaration show the
following, none of which Bova has disputed.
On September 22, 2022, Bova applied for supplemental security income
benefits. Doc. 17-1 ¶ 3(a). The state agency granted his claim. Id. On January 4,
2023, Bova was informed that he was overpaid $3,287.08 in supplemental security
benefits, and he was later informed of an additional $530.00 overpayment. Id.
¶ 3(b). On July 19, 2023, Bova filed a request for reconsideration. Id. ¶ 3(c). But
as of the date of Podraza’s declaration, a hearing before an Administrative Law
Judge had not been held, no decision by an Administrative Law Judge had been
made, and there had been no action taken by the Appeals Council. Id. ¶ 3(d).
Rather, on March 14, 2025, Bova filed the instant civil action. Id. ¶ 3(e).
V. Discussion.
The Social Security Act provides, in relevant part: “Any individual, after any
final decision of the Commissioner of Social Security made after a hearing to
which he was a party, irrespective of the amount in controversy, may obtain a
review of such decision by a civil action commenced within sixty days after the
mailing to him of notice of such decision or within such further time as the
Commissioner of Social Security may allow.” 42 U.S.C. § 405(g); see also 42
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U.S.C.A. § 1383(c)(3) (“The final determination of the Commissioner of Social
Security after a hearing under paragraph (1) shall be subject to judicial review as
provided in section 405(g) of this title to the same extent as the Commissioner's
final determinations under section 405 of this title.”).
42 U.S.C. § 405(g)’s provision for judicial review of “any final decision . . .
made after a hearing” “contains two separate elements: first, a ‘jurisdictional’
requirement that claims be presented to the agency, and second, a ‘waivable . . .
requirement that the administrative remedies prescribed by the Secretary be
exhausted.’” Smith v. Berryhill, 587 U.S. 471, 478 (2019) (quoting Mathews v.
Eldridge, 424 U.S. 319, 328 (1976)). The jurisdictional presentment requirement
is met where a claimant has filed an application for benefits with the Social
Security Administration. See Mathews v. Diaz, 426 U.S. 67, 75 (1976) (“Although
42 U.S.C. § 405(g) establishes filing of an application as a nonwaivable condition
of jurisdiction . . . Espinosa satisfied this condition while the case was pending in
the District Court.”). Here, the Commissioner asserts that Bova applied for and
was granted benefits, and after he was informed of overpayments, he filed a motion
for reconsideration. Doc. 17 at 2. The Commissioner does not contend that Bova
failed to present his claim to the Social Security Administration. Rather, the
Commissioner contends that Bova failed to exhaust the later stages of the
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administrative-remedy process. Id. at 2. 9, 10. Thus, this case involves the non-
jurisdictional element of administrative exhaustion.
To exhaust administrative remedies, social security “claimants must
generally proceed through a four-step process before they can obtain review from a
federal court”:
First, the claimant must seek an initial determination as to his
eligibility. Second, the claimant must seek reconsideration of
the initial determination. Third, the claimant must request a
hearing, which is conducted by an ALJ. Fourth, the claimant
must seek review of the ALJ's decision by the Appeals Council.
Smith, 587 U.S. at 475–76. Thus, “[t]o exhaust administrative remedies, a
claimant must seek review by an Administrative Law Judge (ALJ) and then the
Appeals Council.” Cope v. Soc. Sec. Admin., 532 F. App’x 58, 60 (3d Cir. 2013).
This administrative process applies to claimants challenging overpayment
decisions. See, e.g., English v. Soc. Sec. Admin., 705 F. App’x 116, 118 (3d Cir.
2017) (affirming district court decision that dismissed claim challenging
overpayment decision because the claimant failed to exhaust administrative
remedies).
Here, is it undisputed that there has not been a decision by an ALJ or by the
Appeals Council. Thus, Bova failed to exhaust administrative remedies.
The Social Security Administration may the waive exhaustion requirement
in particular cases. Weinberger v. Salfi, 422 U.S. 749, 767 (1975). But it has not
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done so in this case, and the Commissioner moves for dismissal based on Bova’s
failure to exhaust.
In limited circumstances, the exhaustion requirement may also be “excused
by the courts.” Smith, 587 U.S. 478 (citing Bowen v. City of New York, 476 U.S.
467, 484 (1986), and Mathews, 424 U.S. at 330). There are three situations when
the court may excuse exhaustion: “namely, when (1) ‘[t]he claims . . . are collateral
to the claims for benefits’; (2) ‘the claimants . . . would be irreparably injured were
the exhaustion requirement . . . enforced against them’; and (3) ‘[t]he purposes of
exhaustion would not be served by requiring’ it, as exhaustion would be ‘futile.’”
L.N.P. v. Kijakazi, 64 F.4th 577, 584 (4th Cir. 2023) (quoting Bowen, 476 U.S. at
483–85). “Even so, the Bowen Court admonished that ‘[i]n the normal course,’
exhaustion should not be excused.” Id. (quoting Bowen, 476 U.S. at 484–85).
Here, Bova has not argued or shown that any of the bases for excusing
exhaustion are applicable in this case. And it is not apparent that any of those
situations apply. Accordingly, exhaustion of administrative remedies will not be
excused in this case.
Because Bova failed to exhaust administrative remedies, the Commissioner
has not waived the exhaustion requirement, and there is no basis to excuse
exhaustion in this case, we will grant the Commissioner’s motion for summary
judgment and dismiss the complaint. The dismissal will be without prejudice to
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Bova refiling a complaint if he exhausts administrative remedies. See Nellom v.
Comm’r of Soc. Sec., No. 23-3215, 2024 WL 3219700, at *1 (3d Cir. June 28,
2024) (affirming dismissal of social security complaint without prejudice for
failure to exhaust administrative remedies); Quigley v. O'Malley, No. 24-1824,
2024 WL 3889621, at *3 (E.D. Pa. Aug. 21, 2024) (granting “the Commissioner's
motion to dismiss the complaint without prejudice to allow for the Plaintiff to re-
file a complaint in the event he exhausts all administrative remedies”).
VI. Conclusion.
For the reasons discussed above, we will grant the Commissioner’s motion
for summary judgment and dismiss the complaint without prejudice based on
Bova’s failure to exhaust administrative remedies. An appropriate order follows.
S/Susan E. Schwab
Susan E. Schwab
United States Magistrate Judge
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