Glaude
Glaude v. Commissioner of the Social Security Administration of the United States
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
ALYCIA ROSE GLAUDE,
Case No. 24-cv-06884-JCS Plaintiff, 8 v. ORDER DENYING MOTION TO DISMISS
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION OF THE Re: Dkt. No. 8 UNITED STATES, et al., 11 Defendants. 12 Plaintiff brings this action challenging the denial of her application for disability benefits under Title II of the Social Security Act. The Social Security Commissioner’s denial became final on July 25, 2024 and therefore, Plaintiff’s complaint in this action was due on September 30, 2024, that is, the next business day after September 28, 2024, when the complaint would otherwise have been due. See 42 U.S.C. §405(g); 20 C.F.R. §404.968 (complaint challenging final denial must be filed 60 days after receipt of the notice of the Agency’s Appeals Council’s action); 20 C.F.R. § 404.901 (notice is presumed to have been received “5 days after the date on the notice”); Fed. R. Civ. P. 6(a) (providing that filing…