U.S. Court of Appeals for the Eighth Circuit, 2003

Lois Lewis v. Jo Anne B. Barnhart

Lois Lewis v. Jo Anne B. Barnhart
U.S. Court of Appeals for the Eighth Circuit · Decided November 26, 2003 · Wollman, Fagg, Arnold
83 F. App'x 137

Lois Lewis v. Jo Anne B. Barnhart

Opinion

PER CURIAM.

Lois Lewis appeals the district court’s * dismissal as time-barred Lewis’s complaint seeking review of the Commissioner’s denial of disability insurance benefits and supplemental security income. Having carefully reviewed the record and the parties’ submissions on appeal, we conclude dismissal of the complaint was proper, because it was filed more than sixty days after Lewis’s attorney received notice of the Commissioner’s final decision. See 42 U.S.C. § 405(g); Bess v. Barnhart, 337 F.3d 988, 990 (8th Cir. 2003) (per curiam) (limitations period under § 405(g) is triggered by notice received by either claimant or claimant’s attorney, whichever occurs first).

Accordingly, we affirm. See 8th Cir. R. 47B.

*

The Honorable Stephen M. Reasoner, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Henry L. Jones, Jr., United States Magistrate Judge for the Eastern District of Arkansas.

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