Ogbodiegwu v. Kijakazi

Case: 23-50109 Document: 00516863075 Page: 1 Date Filed: 08/18/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 23-50109 August 18, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk Ben Ogbodiegwu,

Plaintiff—Appellant, versus

Kilolo Kijakazi, Acting Commissioner of Social Security, Defendant—Appellee. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 1:21-CV-600 ______________________________

Before Jones, Smith, and Ho, Circuit Judges.

Per Curiam: *

Having carefully considered this appeal in light of the parties’ briefs, the magistrate judge and district court decisions, and pertinent portions of the record, we find no reversible error of fact or law.

Case: 23-50109 Document: 00516863075 Page: 2 Date Filed: 08/18/2023

No. 23-50109

The district court correctly dismissed Appellant’s case for failure to exhaust his administrative remedies in his dispute over alleged overpayments of Social Security benefits. He did not exhaust following the Social Security Administration’s Notice of Reconsideration in November 2021 by timely requesting a hearing. 20 C.F.R. § 404.921; see also 42 U.S.C. § 405(g) (limiting judicial review to a “final decision of the Commissioner of Social Security made after a hearing”). His additional issues, to the extent we can discern them, are meritless.

AFFIRMED.