(SS) Aleatrice Thomas v. Commissioner of Social Security
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ALEATRICE THOMAS, Case No. 1:20-cv-01723-SAB
Plaintiff, ORDER REQUIRING PLAINTIFF TO
SHOW CAUSE WHY SOCIAL SECURITY
v. APPEAL SHOULD NOT BE DISMISSED
AS UNTIMELY
COMMISSIONER OF SOCIAL SECURITY,
FOURTEEN DAY DEADLINE
Defendant.
14 On December 7, 2020, Aleatrice Thomas (“Plaintiff”) proceeding pro se and in forma pauperis, filed this action seeking judicial review of the denial of disability benefits pursuant to the Social Security Act. In her complaint, Plaintiff states that she received notice that her Social Security claim had been denied on September 20, 2020. (Compl. 3,1 ECF No. 1.) Attached to the complaint is the appeals counsel decision denying her appeal on reconsideration, dated September 20, 2020. (Id. at 6-9.) Generally, the United States and its agencies are entitled to sovereign immunity from suit unless Congress has expressly waived immunity. F.D.I.C. v. Meyer, 510 U.S. 471, 475 (1994); Kaiser v. Blue Cross of California, 347 F.3d…