[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 10-10222 ELEVENTH CIRCUIT
Non-Argument Calendar AUGUST 17, 2010
________________________ JOHN LEY
CLERK
D.C. Docket No. 4:09-cv-01257-VEH
KIMBERLY SMITH,
lllllllllllllllllllll Plaintiff - Appellant,
versus
SOCIAL SECURITY ADMINISTRATION COMMISSIONER,
Michael J. Astrue,
lllllllllllllllllllll Defendant - Appellee.
________________________
Appeal from the United States District Court
for the Northern District of Alabama
________________________
(August 17, 2010)
Before CARNES, PRYOR and ANDERSON, Circuit Judges.
PER CURIAM:
Kimberly Smith appeals the dismissal of her complaint challenging the
denial of her application for social security disability benefits. The district court
ruled that Smith’s complaint was untimely. We affirm.
The district court did not err by dismissing Smith’s complaint. Smith
acknowledges that her complaint was filed after the period of limitation expired,
42 U.S.C. § 405(g), but she argues that the period should have been equitably
tolled. To toll the statute of limitation, Smith had to establish that “extraordinary
circumstances, such as fraud, misinformation, or deliberate concealment,” excused
her late filing. Jackson v. Astrue, 506 F.3d 1349, 1355 (11th Cir. 2007). The
district court correctly concluded that Smith’s arguments about her mental illness,
dependence on her daughter, and attorney error do not constitute extraordinary
circumstances that warranted equitable tolling.
The dismissal of Smith’s complaint is AFFIRMED.
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