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COOK v. COMMISSIONER OF SOCIAL SECURITY

No. 06-5429.

480 F.3d 432 (2007)

Elbridge COOK, Plaintiff-Appellant, v. COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 21, 2007.

Attorney(s) appearing for the Case

ARGUED: James Roy Williams, Young, Reverman & Mazzei, Cincinnati, Ohio, for Appellant. Laurie G. Remter, Social Security Administration, Office of the General Counsel, Atlanta, Georgia, for Appellee. ON BRIEF: James Roy Williams, Young, Reverman & Mazzei, Cincinnati, Ohio, for Appellant. Haila Kleinman, Joseph P. Palermo III, Dennis R. Williams, Mary Ann Sloan, Arthurice Brundidge, Douglas Wilson, Social Security Administration, Office of the General Counsel, Atlanta, Georgia, John S. Osborn III, Assistant United States Attorney, Lexington, Kentucky, for Appellee.

Before: GILMAN and SUTTON, Circuit Judges; TARNOW, District Judge.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Elbridge Cook, Jr. appeals from the district court's dismissal of his complaint for Social Security benefits as untimely filed. The sole issue before us is whether Cook's complaint was filed on the last day of his 60-day window to appeal or one day beyond the close of that period. For the reasons set forth below, we AFFIRM the judgment of the district...

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