(SS) Celedon v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaJanuary 27, 20251:21-cv-00477California919 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 MARY ANN CELEDON, Case No. 1:21-cv-00477-CDB

Plaintiff, ORDER TO SHOW CAUSE WHY THIS

ACTION SHOULD NOT BE DISMISSED FOR

v. LACK OF SUBJECT MATTER

JURISDICTION

COMMISSIONER OF SOCIAL SECURITY, (Doc. 1) 12 Defendant. 14-Day Deadline 13 14 I. BACKGROUND On March 22, 2021, Plaintiff Mary Ann Celedon (“Plaintiff”) filed a complaint pursuant to 42 U.S.C. § 405(g) and 42 U.S.C. § 1383(c)(3) seeking review of the decision of the Commissioner of Social Security (“Commissioner” or “Defendant”) denying her application for benefits under the Social Security Act. (Doc. 1). Plaintiff alleged the “Notice of Appeals Council dated February 14, 2021 gave plaintiff an additional 30 days, plus five (5) days for delivery by mail, to file a Civil Action,” such that her complaint was timely. (Id. at 1-2). On February 14, 2022, the Commissioner lodged the Administrative Record (“AR”) and an accompanying certification that it was…

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