(SS) Rivers v. Commissioner of Social Security

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

9 TOMASENA DUREEKA RIVERS, Case No. 1:24-cv-00836-BAM 10 Plaintiff, ORDER GRANTING DEFENDANT’S MOTION TO DISMISS v. ORDER DENYING PLAINTIFF’S MOTION LELAND DUDEK, Commissioner of FOR DEFAULT JUDGMENT AS Social Security, PROCEDURALLY IMPROPER Defendant. (Docs. 11, 15)

16 Plaintiff Tomasena Dureeka Rivers, proceeding pro se and in forma pauperis, filed a complaint on July 19, 2024, alleging that the Department of Social Security was “attempting to take [her] survivor benefit back pay to cover an overpayment for social security once [she was] approved.” (Doc. 1 at 10.) Currently before the Court is Defendant Commissioner of Social Security’s motion to dismiss for lack of jurisdiction and failure to state a claim. (Doc. 11.) Defendant contends that Plaintiff failed to exhaust administrative remedies as to Defendant’s reduction in Title II Child Disability Benefits and that Plaintiff fails to state a claim regarding a…