Cadero King v. Frank Bisignano, Commissioner of Social Security Administration1

United States Court of Appeals
For the Eighth Circuit
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No. 25-1697
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Cadero King
Plaintiff - Appellant
v.
Frank Bisignano, Commissioner of Social Security Administration1
Defendant - Appellee
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Appeal from United States District Court
for the District of Nebraska - Omaha
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Submitted: November 26, 2025
Filed: December 9, 2025
[Unpublished]
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Before BENTON, SHEPHERD, and STRAS, Circuit Judges.
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1 Frank Bisignano has been appointed to serve as Commissioner of Social
Security, and is substituted as appellee pursuant to Federal Rule of Appellate
Procedure 43(c).

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PER CURIAM.
Cadero King, who was awarded supplemental security income (SSI) in 2020,
appeals the district court’s2 dismissal of his pro se action seeking payment of
disability insurance benefits (DIB) and SSI benefits for 2012-2019. Having
jurisdiction under 28 U.S.C. § 1291, this court affirms.
To the extent King sought to appeal the 2020 SSI benefits award, or the 2020
denial of DIB, he failed to exhaust his administrative remedies. See 42 U.S.C.
§§ 405(g), 1383(c)(3) (allowing judicial review of final decision of Social Security
Administration made after hearing); Sipp v. Astrue, 641 F.3d 975, 979 (8th Cir.
2011) (standard of review). To the extent King sought review of the prior
administrative law judge (ALJ) decision that found he was not disabled through
2017, res judicata precluded any consideration of his eligibility for benefits through
the date of the ALJ’s decision, as this court affirmed the decision. See King v. Saul,
809 Fed. Appx. 333, 334 (8th Cir. 2020) (unpublished per curiam); Aguiniga v.
Colvin, 833 F.3d 896, 900 (8th Cir. 2016) (applying res judicata to Social Security
determination involving previously, finally adjudicated period). Further, King’s
award of SSI did not make him eligible for any retroactive benefits before his 2020
application date, see 20 C.F.R. § 416.335 (earliest month individual can be paid SSI
benefits is month following month in which he filed application); and he could not
bring a negligence claim against the Social Security Administration based on its
handling of his applications, see Tallman v. Reagan, 846 F.2d 494, 495 (8th Cir.
1988) (per curiam) (Social Security Act bars action for negligent handling of
disability claim).
The judgment is affirmed.
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2 The Honorable Robert F. Rossiter, Jr., Chief Judge, United States District
Court for the District of Nebraska, adopting the report and recommendations of the
Honorable Michael D. Nelson, United States Magistrate Judge for the District of
Nebraska.

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