No. 25-5361

Rita Arguijo Garcia v. Frank Bisignano, Commissioner of Social Security

Lower Court: Eleventh Circuit
Docketed: 2025-08-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law appeals-council due-process equal-protection filing-date social-security
Key Terms:
SocialSecurity DueProcess FourthAmendment
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether Social Security regulations that permit a claimant to submit new evidence to the Appeals Council and receive a protective filing date violate due process and equal protection

Question Presented (OCR Extract)

| Whether the Social Security Regulations and | Ruling, permitting a claimant who submits new, | irrelevant and immaterial evidence to the | Appeals Council, a protective filing date as of the | date of his or her Request for Review to the | Appeals Council, but does not afford the same protection to other claimants, such as the Petitioner herein, who would have presumptively qualified for SSI benefits, if she were permitted to make an application, violates the due process and | equal protection clauses of the 5th and 14th Amendments to the U.S. Constitution. |

Docket Entries

2025-10-06
Petition DENIED.
2025-09-04
DISTRIBUTED for Conference of 9/29/2025.
2025-09-02
Waiver of right of respondent Commissioner of Social Security to respond filed.
2025-06-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 15, 2025)

Attorneys

Commissioner of Social Security
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Rita Arguijo Garcia
Michael A. Steinberg — Petitioner
Michael A. Steinberg — Petitioner