Roderick del Rosario v. Commissioner of Social Security

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 RODERICK DEL ROSARIO, Case No. 18-cv-07197-DMR

Plaintiff, ORDER ON DEFENDANT'S MOTION v. FOR SUMMARY JUDGMENT

NANCY A. BERRYHILL, Re: Dkt. No.

Acting Commissioner of Social Security,

Defendant.

Plaintiff Roderick Del Rosario brought this action seeking judicial review of a decision by the Social Security Administration (“SSA”) denying his claim for supplemental security income benefits under Titles II and XVI of the Social Security Act, 42 U.S.C. § 405(g). [Docket No. 1 (Compl.).] Defendant Andrew Saul,1 Commissioner of Social Security, now moves pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss Plaintiff’s complaint on the basis that it was untimely filed. [Docket Nos. 16 (“Mot.”); 18.] On June 19, 2019, the court notified the parties that it would convert Defendant’s motion to dismiss into a motion for summary judgment on the issue of timeliness and ordered Plaintiff to file supplemental…