court, Ghosh’s submissions suggest that he was, understandably, confused by the dual processing of his case by both agencies, and believed that he would have to wait for the SDHR’s administrative process to conclude prior to filing his suit. Were Ghosh represented by counsel, such reasoning perhaps would not be tenable. However, as a pro se plaintiff attempting to navigate a confusing administrative structure, made more confusing by SDHR’s duplicative investigation begun just two weeks after Ghosh was sent the EEOC’s final determination in the case, Ghosh is not unjustified in reaching the conclusion that he was obligated to wait to file suit until the close of the administrative proceedings. Cf. Shumway v. Hendricks, No. 93-CV-485, 1994 WL 672656, at *3 (N.D.N.Y. Nov. 28, 1994) (<HOLDING>). The case file indicates that Ghosh has been
recognizing same principle recognizing the established principle that the alj is not required to take the claimants assertions of pain at face value recognizing principle holding premature a suit filed before final administrative determination of claimants administrative claim recognizing the principle that an administrative agency error should not work to a claimants detriment