Aaron Olson v. Carolyn W. Colvin, Acting Commissioner of Social Security; James Counts

United States Court of Appeals
For the Eighth Circuit
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No. 15-2435
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Aaron Olson
lllllllllllllllllllll Plaintiff - Appellant
v.
Carolyn W. Colvin, Acting Commissioner of Social Security; James Counts
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the District of Minnesota - Minneapolis
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Submitted: March 17, 2016
Filed: March 24, 2016
[Unpublished]
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Before WOLLMAN, BOWMAN, and MURPHY, Circuit Judges.
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PER CURIAM.

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Aaron Olson appeals from the order of the District Court dismissing his suit1
in which he named the Social Security Administration (SSA) Commissioner and SSA
case manager James Counts. Olson sought review of the denial of his application for
disability insurance benefits (DIB) and an order requiring SSA and Counts to refrain
from reducing his supplemental security income (SSI) benefits. He also filed a
motion for joinder of claim in order to seek damages from Counts under Bivens v. Six
Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). The
District Court denied the motion for joinder and dismissed Olson’s case. Olson
appeals.
We have carefully reviewed the record and the parties’ submissions on appeal,
and we agree with the District Court that the DIB claim is time-barred. It was
brought more than three years after expiration of the time allowed for an appeal to a
district court and there are no grounds for equitable tolling. See 42 U.S.C. § 405(g);
Burns v. Prudden, 588 F.3d 1148, 1150 (8th Cir. 2009) (setting out the elements
required to establish entitlement to equitable tolling). Further, Olson failed to exhaust
his remedies on the claim for improper reduction of SSI benefits. See Sipp v. Astrue,
641 F.3d 975, 979–80 (8th Cir. 2011) (explaining the requirement for exhaustion of
administrative remedies). Finally, Olson cannot maintain a Bivens claim against
Counts. See 42 U.S.C. § 405(h); Schweiker v. Chilicky, 487 U.S. 412, 414 (1988).
We affirm the judgment of the District Court.
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The Honorable Donovan W. Frank, United States District Judge for the1
District of Minnesota, adopting the report and recommendations of the Honorable
Jeffrey J. Keyes, United States Magistrate Judge for the District of Minnesota.
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