(PS) (SS) Palm v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROSS PALM, No. 2:18-cv-1579-EFB Plaintiff, v. ORDER ANDREW SAUL, Commissioner of Social Security, 15 Defendant.

17 Plaintiff filed this action seeking review of a final decision of the Commissioner of Social Security (“Commissioner”) finding he was overpaid disability benefits. Defendant moves to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6), arguing that this action is untimely. ECF No. 16. For the following reasons, defendant’s motion is granted. I. Background In August 2005, plaintiff filed an application for Supplemental Security Income (“SSI”) benefits under Title XVI of the Social Security Act (“Act”), which was granted. ECF No. 16-1 at 8. On November 18, 2015, the Social Security Administration (“SSA”) notified plaintiff that he had been overpaid benefits in the amount of $17,125.86 between April 1, 2013 and July 1, 2015 due to excess resources in an E-Trade account and a bank…