Velasquez

Velasquez v. O'Malley

Good Law
United States District Court, Northern District of CaliforniaJune 18, 20243:24-cv-00489California790 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RODOLFO VELASQUEZ, Case No. 24-cv-00489-AMO

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

MARTIN O’MALLEY, Re: Dkt. No. 6 Defendant.

12 Plaintiff Rodolfo Velasquez brings this lawsuit seeking review of a decision under the Social Security Act. Before the Court is a motion to dismiss from Defendant Commissioner of Social Security (“SSA”). Having read the papers filed by the parties and carefully considered their arguments, as well as the relevant legal authority, the Court hereby GRANTS Defendant’s motion, for the following reasons. Plaintiff brings this action under Title 42 U.S.C. § 405(g) to address two purported issues: (1) that SSA imposed a monthly payment for his Medicare Part B benefits of $330.30 rather than the $173.00 Velasquez anticipated to be charged (First Amended Complaint (“FAC,” ECF 5) ¶ 5), and (2) that SSA continues to excessively delay its determination on his appeal of his Medicare Part B…

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