Tsarelka v. Apfel

• Court: Court of Appeals for the First Circuit
• Decided: October 4, 2000
• Docket: 00-1213
• Status: Published

Opinion

[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]

United States Court of Appeals For the First Circuit

No. 00-1213

LISA TSARELKA,

Plaintiff, Appellant,

v.

KENNETH S. APFEL,

Defendant, Appellee.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Mark L. Wolf, U.S. District Judge]

Before

Torruella, Chief Judge, Stahl and Lynch, Circuit Judges.

Lisa Tsarelka on brief pro se. Donald K. Stern, United States Attorney, and Anita Johnson, Assistant United States Attorney, on brief for appellee.

October 3, 2000 Per Curiam. Appellant Lisa Tsarelka appeals from

the dismissal of her complaint. The district court

dismissed the complaint, by endorsement, based on the

reasons set out in the motion to dismiss filed by appellee,

Kenneth S. Apfel, the Commissioner of Social Security.

There was no error in the action of the district court and

the court's judgment is affirmed for essentially the reasons

set out in the motion to dismiss.

We add only that despite appellant's arguments to

the contrary, she has submitted no evidence that she ever

had presented her claim regarding the termination of her

Supplemental Security Income (SSI) benefits to an

administrative law judge (ALJ) or the Appeals Council.

Neither the ALJ nor the Council ever addressed such a claim.

Further, the Appeals Council's reference to the amount of

appellant's resources was made in a particular, limited

context. That is, this reference was made to explain the

Council's opinion that, given the little money appellant had

at her disposal in May 1997, repayment of $3,378 would not

further the purpose of the SSI program. Significantly, the

-2- Appeals Council did not make the comment in relation to the

question whether appellant qualified for SSI benefits.

Affirmed. See Local Rule 27(c).

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