DEXTER v. COLVIN

No. 12-35074.

731 F.3d 977 (2013)

Karen L. DEXTER, Plaintiff-Appellant, v. Carolyn W. COLVIN, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 30, 2013.


Attorney(s) appearing for the Case

Eitan Kassel Yanich , Law Office of Eitan Kassel Yanich, PLLC, Olympia, WA, for Plaintiff-Appellant.

Jeffrey R. McClain (argued), Assistant Regional Counsel, Social Security Administration, Office of the General Counsel, Seattle, WA; Jenny A. Durkan , United States Attorney; Kerry Jane Keefe , Assistant United States Attorney; and David Morado , Regional Chief Counsel, Seattle Region X, for Defendant-Appellee.

Before: Michael Daly Hawkins, Sidney R. Thomas, and Jacqueline H. Nguyen, Circuit Judges.


OPINION

NGUYEN, Circuit Judge:

Ten years ago, Karen Dexter first applied for social security disability insurance benefits. After benefits were denied, Dexter requested a hearing. The Social Security Administration ("SSA") ruled her request untimely, and denied a subsequent application on the ground of res judicata, but it has never explained why it rejected Dexter's facially valid excuse for the delay in her hearing request. Dexter then sought review in...

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