(SS)Williamson

I. Introduction

Plaintiff filed for benefits under Title II of the Social Security Act on August 12, 2014. (ECF No. 8-1 at 8.) On June 15, 2017, the Administrative Law Judge (ALJ) issued a decision finding plaintiff not disabled through her date last insured. (Id. at 8-17.) On June 18, 2018, the Appeals Council denied plaintiff’s request to review the ALJ’s decision, making it the final decision of the Commissioner. (ECF No. 8-1 at 23-25.) Plaintiff filed this federal action on August 23, 2018. (ECF No. 1.) Defendant seeks dismissal of the complaint, arguing that it was filed one day late under the applicable federal statute, 42 U.S.C. § 405(g). For the reasons discussed below, the undersigned will recommend that defendant’s motion be denied. //// 28 II. Legal Standards In order to survive dismissal for failure to state a claim pursuant to Rule 12(b)(6), a complaint must contain more than “naked assertions,” “labels and conclusions” or “a formulaic recitation of the elements of a cause of action.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-557 (2007). In other words, “[t]hreadbare recitals…