Edna Carter v. Michael J. Astrue
This text of 501 F. App'x 602 (Edna Carter v. Michael J. Astrue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Edna Carter appeals the district court’s 1 dismissal of her social security complaint as untimely. Carter filed her complaint in the district court on June 6, 2012, after the Social Security Administration Appeals Council denied review on March 20, 2012, and notified Carter that she had sixty days to seek judicial review. *603 After de novo review, see Bess v. Barnhart, 337 F.3d 988, 989 (8th Cir.2003) (per curiam), we agree with the district court that the complaint was untimely under 42 U.S.C. § 405(g), and that Carter did not allege any circumstances warranting an equitable tolling of the limitations period. Further, Carter did not counter the Commissioner’s evidence showing that she never asked the Appeals Council for an extension of time to file her complaint for judicial review. Accordingly, we affirm. See 8th Cir. R. 47B.
. The Honorable Carol E. Jackson, United States District Judge for the Eastern District of Missouri.
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501 F. App'x 602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edna-carter-v-michael-j-astrue-ca8-2013.