UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 22-cv-22886-BLOOM/Otazo-Reyes

MAGGIE VALDEZ-DIAZ, 

Plaintiff, 

v. 

SOCIAL SECURITY ADMINISTRATION, 

Defendant. 

_____________________________________/ 

SECOND ORDER TO AMEND

THIS CAUSE is before the Court upon Plaintiff Maggie Valdez-Diaz’s Notice of 

Decision, ECF No. [6] (“Notice”). For the reasons that follow, the Notice does not reveal 

whether this Court has subject jurisdiction over this case. 

On September 9, 2022, Plaintiff filed her Complaint seeking judicial review of an 

October 21, 2019 decision rendered by an Administrative Law Judge (“ALJ”) who denied her

disability benefits claim under the Social Security Act. See ECF No. [1]. On September 12, 2022, 

the Court dismissed Plaintiff’s Complaint without prejudice because the Complaint did not state 

whether Plaintiff had appealed the ALJ’s decision to the Appeals Council. ECF No. [5] at 3; see 

Sims v. Apfel, 530 U.S. 103, 106-07 (2000) (“If a claimant fails to request review from the 

[Appeals] Council, there is no final decision, and, as a result, no judicial review[.]”). The Court 

granted Plaintiff leave to file an Amended Complaint to indicate whether she had sought review 

from the Appeals Council, and if so, when. ECF No. [5] at 3-4. 

In the Notice, Plaintiff explains that she has “been trying to request an appeal, but 

unfortunately [she] was not granted the option . . . due to the time stamp technicality.” Id. To the 

Case 1:22-cv-22886-BB Document 7 Entered on FLSD Docket 10/05/2022 Page 1 of 3
Case No. 22-cv-22886-BLOOM/Otazo-Reyes

2

extent this statement means that Plaintiff has not yet filed an appeal, the Court lacks jurisdiction 

over this case for the reasons stated in the Court’s Order of September 12, 2022. ECF No. [5]. 

However, to the extent that Plaintiff filed an appeal, but the Appeals Counsel declined to review 

her appeal as untimely, that denial from the Appeals Council would constitute a “final decision” 

subject to judicial review by this Court. Smith v. Berryhill, 139 S. Ct. 1765, 1780 (2019). 

However, review must be sought within sixty days of after the mailing of the Appeals Council’s 

decision, “or within such further time as the Commissioner of Social Security may allow.” 42 

U.S.C. § 405(g). 

In sum, Plaintiff has not indicated whether she has sought review from the Appeals 

Council. ECF No. [5] at 4. The Court will give Plaintiff one more attempt to establish that this

Court has jurisdiction to consider her claim. 

Accordingly, it is ORDERED AND ADJUDGED as follows:

1. On or before October 21, 2022, Plaintiff shall file an Amended Complaint in which 

she explicitly states whether she has sought review from the Appeals Council. If the 

Appeals Council has rendered any decision in Plaintiff’s case – including a decision 

not to review the ALJ’s decision – Plaintiff shall attach a copy of that decision to her 

Amended Complaint. 

2. Plaintiff is advised that a Notice similar to the one she filed on September 30, 2022, 

ECF No. [6], does not constitute an Amended Complaint. Plaintiff is advised to use 

the same form she used for her original Complaint.

Case 1:22-cv-22886-BB Document 7 Entered on FLSD Docket 10/05/2022 Page 2 of 3
Case No. 22-cv-22886-BLOOM/Otazo-Reyes

3

DONE AND ORDERED in Chambers at Miami, Florida, on October 4, 2022.

____________________________________

BETH BLOOM

UNITED STATES DISTRICT JUDGE

Copies to:

Counsel of Record

Maggie Valdez-Diaz

8565 SW 214 Lane

Cutler Bay, FL 33189

PRO SE

Case 1:22-cv-22886-BB Document 7 Entered on FLSD Docket 10/05/2022 Page 3 of 3