Ashe v. Saul- Recent 9th Cir. Social Security decision

On Dec. 28, 2020, the 9th Cir. court decided Ashe v. Saul. Plaintiff and her counsel contended neither ever received notice of the Appeals Council denial, resulting in an untimely appeal. Defendant argued that it was presumed that Plaintiff received the notice 5 days after it was mailed. The Court held that Plaintiff met her burden to rebut the presumption she’d received the notice; Plaintiff and her counsel, as well as counsel’s assistant, signed affidavits declaring they never received notice, and the only proof of the notice Defendant pointed to was the copy of the notice in the record which did not have any proof the notice was actually mailed. The Court held that based on the facts, the burden had shifted to SSA to prove actual receipt of the notice. As the lower court had not performed the burden shifting analysis, the case was remanded.  Read more here: