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Patrick Comack v. Leland Dudek, Acting Commissioner of Social Security

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 23-11115 · judgment November 8, 2024


Certiorari denied · April 28, 2025
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

I. Did the U.S. Court of Appeals for the 11th Circuit (“Appeals Court”) violate Supreme Court case precedent when it arbitrarily used a three-part test to decide whether the U.S. District Court for the Southern District of Florida - Key West Division (“District Court”) could waive administrative exhaustion of remedies (“administrative exhaustion”) for jurisdiction in a 42 United States Code (“U.S.C.”) §405 (g) Social Security Administration (“SSA”) disability case when Mathews v. Eldridge 424 U.S. 319 (1976) established the two-part “Mathews v. Eldridge test” for the District Courts to use when deciding whether to waive administrative exhaustion for 42 U.S.C. §405 (g) jurisdiction? II. Was the Appeals Court correct when it ignored PlaintiffyPetitioner Patrick Comack’s (“Comack’s”) claim, which was collateral to Comack’s claim for disability benefits, that the Defendant/Respondent SSA Commissioner (“Commissioner”) violated Comack’s constitutional right to fair due process as dictated by the 5th Amendment of the U.S. Constitution when the Commissioner and her Miami SSA office forged and fabricated Comack’s wage evidence in the SSA disability administrative review process, and then used this false evidence in the Commissioner’s June 10, 2021 Second Remand Order in order to unlawfully remand Comack’s disability case back to the same Miami SSA office who manufactured the false evidence? i ■ft**:

Counsel of record

For petitioner
Patrick Comack

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
24A632

Proceedings

  1. Apr 28 2025
    Petition DENIED.
  2. Apr 09 2025
    DISTRIBUTED for Conference of 4/25/2025.
  3. Apr 02 2025
    Waiver of right of respondent Dudek, Comm'r, Social Sec. to respond filed.
  4. Feb 27 2025
    Petition for a writ of certiorari filed. (Response due April 2, 2025)
  5. Dec 30 2024
    Application (24A632) granted by Justice Thomas extending the time to file until March 8, 2025.
  6. Dec 20 2024
    Application (24A632) to extend the time to file a petition for a writ of certiorari from February 6, 2025 to April 7, 2025, submitted to Justice Thomas.