Cost v. Social Security Administration

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that exhaustion would not be futile where there was no record evidence that the SSA would be unwilling to reconsider claim on remand
• explaining that futility requires a “‘certainty of adverse decision’ or indications that pursuit of administrative remedies would be ‘clearly useless’”
• construing the agency’s motion to dismiss “as one under Rule 12(b)(6) for failure to state a claim” where the agency alleged that the claimant “did not exhaust the non-jurisdictional requirements”

Source: CourtListener parenthetical corpus (CC0).