Misrepresentation – Untimely Appeal

By: Derek Hawkins//June 6, 2016//

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Case Name: Jose Crespo v. Carolyn W. Colvin

Case No.: 14-3779

Officials: POSNER, KANNE, and HAMILTON, Circuit Judges.

Focus: Misrepresentation – Untimely Appeal

Appellant appeal dismissed as untimely for misrepresentations to Social Security Administration triggering a civil monetary penalty.

“Crespo did not file a notice of appeal until April 16, 2014— five days late. The DAB ordered Crespo to show cause as to why his appeal should not be dismissed as untimely. Crespo responded that he “reasonably believed” he had thirty days from March 18, 2014—the date the decision was “actually de‐ livered.” He claimed “he received only approximately 24 days or so” because the decision was not delivered “in the normal expected period of 5 days.””

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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