Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Passino v. Social Security Administration

United States District Court, N.D. New York

February 14, 2017

KRISTERFER G. PASSINO, Plaintiff,
v.
SOCIAL SECURITY ADMINISTRATION, Defendant.

          KRISTERFER G. PASSINO, Plaintiff, Pro Se Marcy Correctional Facility.

          U.S. SOCIAL SECURITY ADMIN. FERGUS J. KAISER, ESQ. OFFICE OF REG'L GEN. COUNSEL - REGION II Counsel for Defendant.

          DECISION AND ORDER

          GLENN T. SUDDABY, Chief United States District Judge.

         Currently before the Court, in this action seeking the production of certain records under the Privacy Act, 5 U.S.C. § 552a, filed by Kristerfer G. Passino (“Plaintiff”) against the Social Security Administration (“Defendant” or “SSA”), is Defendant's motion to dismiss Plaintiff's Complaint for failure to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P. 12(b)(6) and/or for lack of subject-matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1). (Dkt. No. 11.) For the reasons set forth below, Defendant's motion is granted.

         I. RELEVANT BACKGROUND

         A. Plaintiff's Complaint

         Generally, liberally construed, Plaintiff's Complaint alleges as follows. Plaintiff was born in 1981 and has been receiving Supplemental Security Income (“SSI”) since he was nine years old. (Dkt. No. 1, ¶¶ 5-6 [Pl.'s Compl.].) On March 1, 2016, Plaintiff wrote to the SSA in Gloversville, New York, and requested, pursuant to the Privacy Act and Freedom of Information Act (“FOIA”), all records pertaining to his disability determination. (Id., ¶ 8; Dkt. No. 1, at 6 [Ex. A to Compl.].)[1] In his request, Plaintiff advised the SSA that, pursuant to the Privacy Act and FOIA, if it failed to respond to his request within twenty days, that failure would be construed as a denial of his request and he would pursue an appeal. (Dkt. No. 1, ¶ 10 [Pl.'s Compl.].) Plaintiff did not receive a response from the SSA within the twenty-day time period. (Id., ¶ 10.) Thereafter, Plaintiff filed an administrative appeal with the “FOIA/PA Appeals Officer” at the Gloversville Office; however, did not receive a response after twenty days had elapsed. (Id., ¶¶ 11-12; Dkt. No. 1, at 10 [Ex. B to Compl.].) Plaintiff now requests this Court to enter an order directing the SSA to provide him with the records that he has requested. (Dkt. No. 1, at 3 [Pl.'s Compl.].) Plaintiff filed his Complaint on April 14, 2016. (Id., at 4.)

         B. Parties' Briefing on Defendant's Motion

         1. Defendant's Memorandum of Law

         Generally, in its memorandum of law, Defendant asserts three arguments. (Dkt. No. 11, Attach. 1 [Def.'s Mem. of Law].)

         First, Defendant argues that the Privacy Act provides a right of action only when an agency refuses to comply with an individual request and that, in the present case, the SSA did not refuse Plaintiff's request but instead provided him with an interim response while it conducted a search for his records. (Id. at 8-9.) In addition, Defendant argues that it has now provided Plaintiff with a copy of all records that are in its possession. (Id. at 9.)

         Second, Defendant argues that Plaintiff's claim is moot because (a) it has provided Plaintiff with the records in its possession, (b) the fact that it destroyed some of Plaintiff's records according to its record retention policies does not save Plaintiff's claim, and (c) Plaintiff may not recover monetary damages for a claim brought under 5 U.S.C. § 522a(g)(1)(B). (Id. at 9-10.)

         Third, and finally, Defendant argues that, even if it were still withholding Plaintiff's records, Plaintiff has not properly exhausted his administrative remedies because he failed to submit an appeal to the Executive Director for the Office of Public Disclosure as required by 20 C.F.R. § 401.70. (Id. at 11.)

         2. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.