(SS) Ward v. Commissioner of Social Security

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

KRYSTA LOUISE WARD, ) Case No.: 1:19-cv-1555 -JLT ) Plaintiff, ) ORDER GRANTING DEFENDANT’S MOTION ) TO DISMISS v. ) ) (Doc. 10) ANDREW SAUL, ) Commissioner of Social Security, ) ) Defendant. ) )

Krysta Louis Ward seeks judicial review of the administrative decision denying his application for Social Security benefits. (Doc. 1) The Commissioner of Social Security seeks dismissal of the action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, asserting the request for judicial review is untimely and the complaint thus fails to state a claim upon which relief can be granted. (Doc. 10) Plaintiff has not opposed the motion. For the reasons set forth below, the Court finds Plaintiff’s request for judicial review was untimely, and the statute of limitations should not be tolled. Consequently, the Commissioner’s motion to dismiss is…