Hills v. Commissioner of Social Security

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 AT SEATTLE 11 EDWARD JAMES HILLS, CASE NO. 2:24-cv-01207-TL 12 Plaintiff, ORDER ON MISCELLANEOUS v. MOTION COMMISSIONER OF SOCIAL 14 SECURITY, 15 Defendant.

17 This matter is before the Court on Plaintiff Edward James Hills’s “Motion and Affidavit for an Order Directing Social Security to Reinstate Edward James Hills Supplemental Security Income Based on His Notice of Award Letter and Release Back Payment from 11/2019 to Present Date and an Investigation into Who Authorized Withholding of Federal Benefits.” Dkt.

21 No. 23. Given the procedural posture of the case, the Court DENIES Plaintiff’s motion.

22 On November 6, 2024, the Court issued an order that remanded Plaintiff’s case to the Social Security Administration (“SSA”) for further administrative proceedings. Dkt. No. 16. The Court noted that, upon remand, “the case remains pending in its administrative forum, and the || posture of Plaintiffs administrative complaint is such that he has not exhausted his || administrative remedies.” /d. at 5. Because administrative exhaustion is a jurisdictional |} requirement for judicial review of a decision of the SSA, this Court has no jurisdiction to || consider the instant motion. Weinberger v. Salfi, 422 U.S. 749, 757 (1975); Sensory || Neurostimulation, Inc. v. Azar, 977 F.3d 969, 975 (9th Cir. 2020).

6 In other words, the Court’s hands are tied. Until the SSA takes final agency action on |} Plaintiff’s case and Plaintiffs administrative remedies have been exhausted, the Court is without || authority to consider this or any other motion that Plaintiff might file in this matter. Therefore, || until such time as the SSA Appeals Council either: (a) denies review of Plaintiffs administrative || case; or (b) accepts Plaintiff's case for review and issues a decision on its merits that Plaintiff || wishes to appeal to this Court, further submissions will not receive a response from the Court.

13 Dated this 3rd day of April 2025.

14 7 | AA AC c 15 Tana Lin United States District Judge