Kimberly Smith v. Social Security Administration Commissioner

393 F. App'x 596

• Court: Court of Appeals for the Eleventh Circuit
• Decided: August 17, 2010
• Docket: 10-10222
• Status: Unpublished

Opinion

PER CURIAM:

Kimberly Smith appeals the dismissal of her complaint challenging the denial of her application for social security disability benefits. The district court ruled that Smith’s complaint was untimely. We affirm.

The district court did not err by dismissing Smith’s complaint. Smith acknowledges that her complaint was filed after the period of limitation expired, 42 U.S.C. § 405(g), but she argues that the period should have been equitably tolled. To toll the statute of limitation, Smith had to establish that “extraordinary circumstances, such as fraud, misinformation, or deliberate concealment,” excused her late filing. Jackson v. Astrue, 506 F.3d 1349, 1355 (11th Cir.2007). The district court correctly concluded that Smith’s arguments about her mental illness, dependence on her daughter, and attorney error do not constitute extraordinary circumstances that warranted equitable tolling.

The dismissal of Smith’s complaint is

AFFIRMED.