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

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN SLATTERY, No. 2:20-cv-0058 WBS DB PS Plaintiff, v. ORDER AND KILOLO KIJAKAZI, Acting FINDINGS AND RECOMMENDATIONS Commissioner of Social Security,1 15 Defendant. 17 This social security action was submitted without oral argument for ruling on defendant’s motion for summary judgment. Defendant’s motion argues that this action is time barred and subject to res judicata. For the reasons stated below, the undersigned recommends that defendant’s motion for summary judgment be granted and this action be closed. PROCEDURAL BACKGROUND In February of 2008, plaintiff filed applications for Disability Insurance Benefits (“DIB”) under Title II of the Social Security Act (“the Act”) and for Supplemental Security Income

1 After the filing of this action Kilolo Kijakazi was appointed Acting Commissioner of Social Security and has, therefore, been substituted as the defendant. See 42 U.S.C. §…