IN RE JOHN C. BOGGS, PETITIONER,
v.
U.S. RAILROAD RETIREMENT BOARD, ET AL., RESPONDENT

11th Cir. | 1984-02-21
No. 82-5504
725 F.2d 620 Court of Appeals for the Eleventh Circuit (1984) Caution
Cited by 4 cases

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Holding

The court held that a petition for review mistakenly filed in the district court is deemed filed on the date noted by the clerk, and that the Board's reliance on the Medical-Vocational Guidelines was improper.


Facts & Procedural History

Boggs's claim for a disability annuity was denied by the U.S. Railroad Retirement Board after the Board applied the Social Security Administration's M…

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Opinion of the Court
GODBOLD, Chief Judge:

GODBOLD, Chief Judge:

The U.S. Railroad Retirement Board denied Boggs’s claim for a disability annuity under 45 U.S.C. Sec. 231a(a)(l)(v) (1976). The case is on direct review from the Board’s determination of nondisability. 45 U.S.C. Sec. 231g (1976) (incorporating by reference 45 U.S.C. Sec. 355(f) (Supp. V 1981)).

Boggs filed a claim for a disability annuity in November 1978. The Board’s Bureau of Retirement Claims denied the application initially and on reconsideration. Boggs requested and received a hearing from an appeals referee of the Board’s Bureau of Hearings and Appeals. The referee found that he could perform light work and therefore denied the claim.

The Board itself next considered Boggs’s claim. The Board concluded that he could do light work. It then applied the Social Security Administration’s Medical-Vocational Guidelines, 20 C.F.R. Part 404, Sub-part P, Appendix 2, Sec. 200.00 et seq. (1983) (“the grids”) and determined that Boggs was not disabled. The Board took this action on April 16, 1981.

The Board’s decision was mailed to Boggs on April 17, 1981. He filed a petition for review in federal district court on April 16, 1982. The clerk of the Eleventh Circuit filed the petition for review on April 24, 1982. 45 U.S.C. Sec. 231g provides for judicial review of the Board’s decision if the petition for review is commenced within “one year after the decision will have been entered upon the records of the Board and communicated to the claimant.”

I. Timeliness of filing

Fed.R.App.P. 4(a) provides that “[i]f a notice of appeal is mistakenly filed in the court of appeals, the clerk of the court of appeals shall note thereon the date on which it was received and transmit it to the clerk of the district court and it shall be deemed filed in the district court on the date so noted.” Fed.R.App.P. 15, which governs petitions for review of orders of administrative agencies, does not consider how to treat petitions erroneously filed in the district court rather than the court of appeals. Using the principle of Rule 4(a) by analogy, we conclude that Boggs’s peti tion for review was timely filed. We therefore deny the motion to dismiss for lack of jurisdiction.

II. Use of the grids

This court held the grids invalid in part in Broz v. Schweiker, 677 F. 2d 1351 (11th Cir.1982), vacated and remanded sub nom. Heckler v. Broz, — U.S. —, 103 S.Ct. 2421, 77 L.Ed.2d 1311, adhered to, 711 F. 2d 957, modified, 721 F. 2d 1297 (11th Cir. 1983). We find that the Board relied on the grids rather than used them in an advisory capacity. We therefore reverse and remand to the Board for reconsideration in light of Broz.

REVERSED and REMANDED.


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Cited By

  • …5 (3d Cir.1988). However, the Court of Appeals for the Eleventh Circuit applied a form of equitable tolling to a case in which the time set in the statute may be construed as jurisdictional in nature. In Boggs v. United States R.R. Retirement Bd., 725 F. 2d 620 (11th Cir.1984), a disability claimant timely, but mistakenly, filed a petition for review in the district court, rather than in the Court of Appeals, as the statute required. Federal Rule of Appellate Procedure 15, which governs review of administr…
  • …n Agency, 799 F. 2d 173, 174-76 (5th Cir.1986). Thus, absent some tolling provision or other saving device, we have no choice but to dismiss. The circuit courts of appeals are split on this matter. In Boggs v. U.S.R.R. Retirement Bd. (In re Boggs), 725 F. 2d 620 (11th Cir.1984), where likewise the petitioner filed his petition in the district court but not in the court of appeals as required, the court utilized Fed.R.App.P. 4(a) by analogy [*204] in denying a motion to dismiss. Rule 4(a)(1) provides that “[…

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