(SS) Kalnoki v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 KIMBERLY KALNOKI, No. 2:18-cv-1603-EFB Plaintiff, v. ORDER ANDREW SAUL, Commissioner of Social Security, 14 Defendant.

16 Plaintiff brought this action seeking review of a final decision of the Commissioner of Social Security (“Commissioner”) denying her application for Child Insurance Benefits pursuant to Title II of the Social Security Act. Defendant moves to dismiss the complaint pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6), arguing that the instant action is untimely. ECF No. 13. Plaintiff opposes the motion. ECF No. 16. For the following reasons, defendant’s motion is granted. I. Background On September 16, 2014, plaintiff filed an application for Child Insurance Benefits, claiming that she had been disabled since January 1, 2007. Decl. of Dexter Potts, Ex. 1 (ECF No. 13-1 at 8). Her application was denied initially and upon reconsideration. Id. at 7. After holding a hearing, an administrative…